1 Open the public hearing concerning Zoning Code Amendment/Zone Change (ZCA) No. 2022-05, General Plan Amendment (GPA) No. 2022-02; and
2. Receive the Staff report, consider all Public Testimony, ask any questions of Staff; and
3. Close the public hearing; and
4. Find that approval of Zoning Code Amendment/Zone Change (ZCA) No. 2022-05 and General Plan Amendment (GPA) No. 2022-02 is exempt from environmental review and direct Staff to file a Notice of Exemption, pursuant to CEQA Section 15061(b)(3) for both Project Area Nos. 1 and 2, identified above in the subject of this report; and
5. Adopt Resolution R-2022-78, a Resolution of the City Council of the City of Placentia, California, finding that adoption of a General Plan Amendment is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Section 15061(b)(3) and approving and adopting General Plan Amendment No. GPA 2022-02 to update portions of the Land Use Element and official Land Use Map; and
6. Waive full reading, by title only, and introduce for first reading, Ordinance No. O-2022-08, an Ordinance of the City Council of the City of Placentia, California, finding that approval of Zoning Code Amendment No. 2022-05 is exempt from the California Environmental Quality Act (CEQA) Pursuant To CEQA Section 15061(B)(3) and approving Zoning Code Amendment/Zone Change No. 2022-05 amending the Official Zoning Map of the City of Placentia to establish a zoning designation for Project Area 1, and amending the Placentia Municipal Code to establish development standards for Project Area 1 and amending the Placentia Municipal Code, changing the allowable density of the R-3 Zone from 25 to 30 units per acre for Project Area 2 - citywide.
STRATEGIC PLAN STATEMENT:
This item is consistent with the City Council approved 5 -Year Strategic Goal to:
Promote Community and Economic Development, as Objective Number 3.10 is to initiate the implementation of Housing Element strategies. This agenda item will implement one of the adopted Housing Element goals to increase the R-3 density. Also, this item will serve to enhance Community Development efforts in general as it will address the area formerly known as "Hamer Island", establishing development standards and General Plan goals for this area, promoting unified and orderly development in the community.
BACKGROUND:
On February 15, 2022, the City Council considered and approved a Resolution to annex unincorporated 76 -acre Hamer Island into the City of Placentia. The County Island was not within the corporate boundaries of the City of Placentia, it was under the jurisdiction of the County of Orange. The annexation proceedings were finalized in July 2022 and the area is now a part of the
City Council Agenda
November 15, 2022
ZCA No. 2022-05 and GPA No. 2022-02
incorporated City of Placentia. Now that the area formerly known as Hamer Island is part of the City, a Zoning Code Amendment/Zone Change is necessary to assign a Zoning designation for this area and to establish development standards within the Placentia Municipal Code (PMC) Chapter 23 for the newly annexed Hamer Island. Project Area 1 also includes a General Plan Amendment to establish a land use designation for the newly annexed Hamer Island and to recognize said area as an incorporated portion of the City of Placentia in the Land Use Element of the General Plan.
Project Area No. 2 is citywide, and includes a Zoning Code Amendment (ZCA) to amend the Placentia Municipal Code (PMC) Chapter 23.21, changing the allowable density of the R-3 Zone.
Project Area 2 also includes a General Plan Amendment (GPA) to amend the allowable density of the corresponding High -Density Residential land use designation within the Land Use Element.
The citywide ZCA and GPA will further the direction of City Council. On March 15, 2022, the City Council adopted General Plan Amendment (GPA 2021-02) updating the Housing Element of the General Plan, which included direction to amend the allowable density in the R-3 Zone and the corresponding High -Density Residential land use designation citywide.
DISCUSSION:
For Project Area No.1, the City proposes a ZCA and GPA to assign a Zoning designation and General Plan land use designation for the newly incorporated Hamer Island. As part of the ZCA, staff recommends designating the area as R-1-HMR, single-family residential with a HMR (for Hamer) Overlay. The Overlay designation will allow (former) Hamer Island residents to maintain the same RV parking standards that existed under the jurisdiction of the County of Orange, as directed by City Council. Other than RV parking on private property, the development standards of the former Island will be exactly the same as all other R-1 properties citywide. The General Plan Amendment will designate the entire former Island as low -density residential, consistent with R-1 Zoning. The GPA will also amend the text and maps of the Land Use Element, recognizing Hamer Island as part of the City of Placentia, designated as low -density residential in the Land Use Element.
For Project Area No.2 (citywide), the City proposes a ZCA to amend the Placentia Municipal Code (PMC) Chapter 23.21, changing the allowable density of the R-3 Zone, increasing the allowable density from 25 to 30 units per acre. Project Area 2 also includes a General Plan Amendment (GPA) to amend the allowable density of the High -Density Residential land use designation within the Land Use Element, increasing the allowable density from 25 to 30 units per acre. As previously mentioned, the citywide ZCA and GPA will further the direction of City Council, as the City Council updated the Housing Element of the General Plan in March 2022, which included direction to amend the allowable density in the R-3 Zone and the corresponding High -Density Residential land use designation citywide to help encourage the production of housing.
City Council Agenda
November 15, 2022
ZCA No. 2022-05 and GPA No. 2022-02
General Plan Land Use Element and Land Use Map Amendment In accordance with Government Code Section 65350, a city may amend their respective General Plans from time to time. Such amendments should be done pursuant to Government Code Section 65860 when making a zoning designation of property(ies) consistent with the General Plan. Project Area 1 includes a General Plan General Plan Amendment to designate the entire former Hamer Island as low -density residential, consistent with the recommended R-1 Zoning.
The GPA will also amend the Land Use map within the Land Use Element of the General Plan, recognizing Hamer Island as part of the incorporated City of Placentia, designated as low -density residential in the Land Use Element and on corresponding Land Use maps.
Project Area 2 also includes a corresponding General Plan Amendment (GPA) to amend the allowable density of the High -Density Residential land use designation within the Land Use Element, increasing the allowable density from 25 to 30 units per acre. This General Plan land use Element change will be consistent with the recommended R-3 changes, increasing the allowable density from 25 to 30 units per acre in the Land Use Element as well as in the Zoning Code.
Zoning Code Amendment/Zone Change
Per Government Code Section 65860, a city shall bring its zoning ordinance and zoning map into consistency with its General Plan. Project Area 1 includes a Zoning Code Amendment component to create the R-1-HMR Zone, which is single-family residential with a HMR (for Hamer) Overlay.
The Zone Change component will designate the former Hamer Island area as R-1-HMR to include RV parking standards that existed under the jurisdiction of the County of Orange, as previously directed by City Council. As stated, the recommended Zoning actions will be consistent with the recommended General Plan land use designations recommended for Project Area 1.
Project Area 2 includes a Zoning Code Amendment component to amend the Placentia Municipal Code (PMC) Chapter 23.21, changing the allowable density of the R-3 Zone, increasing the allowable density from 25 units per acre to 30 units per acre. This Zoning Code Amendment will be consistent with the aforementioned General Plan Land Use Element change.
CEQA:
Regarding Project Area Nos. 1 and 2 identified in this report, in accordance with the California Environmental Quality Act (CEQA) and State and local Environmental Guidelines, Staff and the City of Placentia Planning Commission recommend that City Council adopt a Common Sense Exemption pursuant to Section 15061 (b)(3) of the State CEQA Guidelines in that the proposed project (both Project Area Nos. 1 and 2) will not result in changes to the existing physical environment, and the physical environment will not be modified as a result of its adoption. Upon City Council adoption of a finding of a Common Sense exemption, a Notice of Exemption will be filed. Exemption memos are attached to this staff report for further explanation.
City Council Agenda
November 15, 2022
ZCA No. 2022-05 and GPA No. 2022-02
Recommending Body Determination:
On November 8, 2022, the Planning Commission reviewed Zoning Code Amendment/Zone Change (ZCA) No. 2022-05 and General Plan Amendment (GPA) No. 2022-02. On November 8, 2022, the Planning Commission reviewed and recommended approval of the recommended actions to City Council.
Prepared by:
Reviewed and approved:
Joseph Lam l t I" Damien R. Arrula
Director of Development Services City Administrator
Attachments:
1. Ordinance No. O-2022-08
a. Exhibit A: Establish Zoning and Overlay Designation for Project Area 1 b. Exhibit B: Establish Zoning Regulations for Project Area 1 c. Exhibit C: Language Amending Allowable Density of R-3 Zone for Project Area 2
2. Resolution No. R-2022-78
a. Exhibit A: Establish General Plan Land Use Designation for Project Area 1 b. Exhibit B: Land Use Element Amendments for Project Area 1 and Project Area 2
3. CEQA Documentation for Project Area No. 1
4. CEQA Documentation for Project Area No. 2
ORDINANCE NO. O-2022-08
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA, FINDING THAT APPROVAL OF
ZONING CODE AMENDMENT/ZONE CHANGE (ZCA) NO. 2022-
05 IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) PURSUANT TO CEQA SECTION
15061(B)(3) AND APPROVING ZONING CODE
AMENDMENT/ZONE CHANGE NO. 2022-05 AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF PLACENTIA TO
ESTABLISH A ZONING DESIGNATION FOR PROJECT AREA
1, AND AMENDING THE PLACENTIA MUNICIPAL CODE TO
ESTABLISH DEVELOPMENT STANDARDS FOR PROJECT
AREA 1 AND AMENDING THE PLACENTIA MUNICIPAL CODE,
CHANGING THE ALLOWABLE DENSITY OF THE R-3 ZONE
FROM 25 TO 30 UNITS PER ACRE FOR PROJECT AREA 2 —
CITYWIDE
City Attorney's Summary
This Ordinance would result in an amendment to the official Zoning Map of the City of Placentia to establish the zoning designation and establish development standards within Title 23 of the Placentia Municipal Code for Project Area 1 (former 76 acre unincorporated Hamer Island) from undesignated (no zoning designation) to Single - Family Residential (R-1) with an Overlay of HMR (Hamer). This action would also approve an amendment to the Official Zoning Code, Title 23 of the Placentia Municipal Code (PMC) of the City of Placentia to amend the PMC Chapter 23.21, changing the allowable density of the R-3 Zone, increasing the allowable density from 25 to 30 units per acre.
WHEREAS, the City of Placentia wishes to amend the Official Zoning Map of the City of Placentia, for Project Area No. 1 described as: the area of the City of Placentia previously known as unincorporated Hamer Island, which consists of 76 acres completely surrounded by the City of Placentia and generally located north of Palm Drive, south of Shadburn Avenue, west of Carbon Creek Channel, and east of Arrowhead Drive to establish the zoning designation for Project Area 1 from undesignated (no zoning designation) to Single -Family Residential (R-1) with an Overlay of HMR (Hamer); and WHEREAS, the City of Placentia wishes to amend the Zoning Code to approve an amendment to the Official Zoning Code, Title 23 of the Placentia Municipal Code of the City of Placentia to establish zoning and development standards for Project Area 1 to amend the Placentia Municipal Code Chapter 23.21 for Project Area 2 (citywide), changing the allowable density of the R-3 Zone, increasing the allowable density from 25 to 30 units per acre; and
Ordinance O-2022-08
WHEREAS, on November 8, 2022, the Planning Commission of the City of Placentia conducted, and concluded a duly public hearing, as required by law, to review and take action on Zoning Code Amendment/Zone Change (ZCA) No. 2022-05, at which time it considered all evidence presented, whether written or oral. The Planning Commission recommended that the City Council of the City of Placentia adopt a "Common Sense" exemption under Section 15061 (b)(3) of the State CEQA Guidelines and the City of Placentia Environmental Guidelines regarding Zoning Code Amendment/Zone Change (ZCA) No. 2022-05 related to Project Area location nos. 1 and 2 described as: Project Area 1) former 76 acre unincorporated Hamer Island, Project Area 2) citywide, and recommended approval of Zoning Code Amendment/Zone Change (ZCA) No. 2022-05 along with related General Plan Amendment (GPA) No. 2022-05; and
WHEREAS, on November 15, 2022, the City Council of the City of Placentia conducted, and concluded a duly public hearing, as required by law, to review and take action on Zoning Code Amendment/Zone Change (ZCA) No. 2022-05 and related General Plan Amendment (GPA) No. 2022-02, at which time it considered all evidence presented, whether written or oral; and
WHEREAS, the City of Placentia provided notice of the City Council's public hearing in accordance with California Government Code Section 65090 and the City of Placentia Municipal Code Section 23.96.030; and
WHEREAS, all other prerequisites to the adoption of this Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF PLACENTIA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. In all respects as set forth in the Recitals of this Ordinance.
SECTION 2. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one (1) or more subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, or invalid, or ineffective, provided the basic purposes of this Ordinance and the benefits to the City and the public are not substantially impaired.
SECTION 3. CEQA. The City Council certifies that the City has complied with all requirements of the California Environmental Quality Act and the City of Placentia Environmental Guidelines as codified in Title 14 of the California Code of Regulations ("CCR") Section 15000 et. seq., Public Resources Code Section 21000 et. seq. and the City of Placentia Environmental Guidelines, and the City Council finds as follows:
Ordinance O-2022-08
Regarding Project Area Location Nos. 1 and 2, the entirety of project no. Zoning Code Amendment/Zone Change (ZCA) No. 2022-05, in accordance with the California Environmental Quality Act (CEQA) and State and local Environmental Guidelines, the City of Placentia City Council hereby adopts a Statutory Exemption from CEQA pursuant to the "Common Sense" exemption under Section 15061 (b)(3) of the State CEQA Guidelines, which states: "A project is exempt from CEQA if: the activity is covered by the Common Sense exemption that CEQA applies only to projects which have the potential for causing significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." SECTION 4. The City Council hereby approves Zoning Code Amendment/Zone Change (ZCA) No. 2022-05 amending the text of a portion of Title 23 of the Placentia Municipal Code and adopts amendments to the City of Placentia Official Zoning Map to change the existing Zoning designation(s) of the following project areas as follows:
a. Approve an amendment to the Official Zoning Map of the City of Placentia to establish the zoning designation for Project Area 1 from undesignated (no zoning designation) to Single -Family Residential (R-1) with an Overlay of HMR (Hamer) incorporated herein by this reference and as set forth in Exhibit "A". b. Approve an amendment to the Official Zoning Code, Title 23 of the Placentia Municipal Code of the City of Placentia to establish zoning and development standards for Project Area 1 which will be Zoned Single -Family Residential (R-1) with an Overlay of HMR (Hamer). Said zoning and development standards are attached hereto as Exhibit "B" and incorporated herein by this reference, pertaining to Title 23 (Zoning) of the Municipal Code, which would be amended establishing the standards and regulatory requirements for Project Area 1, including regulations pertaining to the storage of recreational vehicles and recreational apparatuses on private property within the HMR (Hamer) Overlay Zone.
c. Approve an amendment to the Official Zoning Code, Title 23 of the Placentia Municipal Code of the City of Placentia to amend the Placentia Municipal Code (PMC) Chapter 23.21, changing the allowable density of the R-3 Zone, increasing the allowable density from 25 to 30 units per acre. Said zoning and development amendments are attached hereto as Exhibit "C" and incorporated herein by this reference. As a citywide location, this amendment effects Project Area 2.
SECTION 5. The City Council finds, in accordance with the requirements of Chapter 23.96 ("Amendments") of the Placentia Municipal Code, that the proposed amendments to the Municipal Code and official City of Placentia Zoning Map will not be detrimental to the health, safety or general welfare of the persons residing or working within the neighborhood affected by the proposed amendment or within the city, and that it will not be injurious to property or improvements within the neighborhood affected by the contemplated actions nor will it be injurious to properties citywide. The City Council also finds that the amendment is consistent with the latest adopted General Plan.
Ordinance O-2022-08
SECTION 6. Effective Date. This Ordinance shall take effect on the 31st day after adoption.
SECTION 7. Certification. The City Clerk shall certify the passage of this ordinance and shall cause the same to be entered in the book of original ordinances of said City; shall make a minute passage and adoption thereof in the records of the meeting at which time the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published as required by law, in a publication of general circulation.
INTRODUCED at a regular meeting of the City Council of the City of Placentia held on November 15th, 2022.
PASSED, APPROVED AND ADOPTED this 6th day of December 2022.
Rhonda Shader, Mayor
ATTEST:
Robert S. McKinnell, City Clerk
I, Robert S. McKinnell, City Clerk of the City of Placentia, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Placentia, held on the 15th day of November 2022, and adopted at a regular meeting of the City Council of the City of Placentia, held on the 6th day of December 2022 by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAINED: Councilmembers:
ATTEST:
Robert S. McKinnell, City Clerk
Ordinance O-2022-08
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
Attachments:
Exhibit A: Establish the zoning designation for Project Area 1 (former unincorporated Hamer Island)
Exhibit B: Ordinance language establishing zoning regulations for Project Area 1 (former unincorporated Hamer Island)
Exhibit C: Ordinance language changing the allowable density of the R-3 Zone for Project Area 2 (citywide)
Ordinance O-2022-08
ZCA 2022-05 HAMER ISLAND ZONING MAP
R-1 (HMR): Single Family Residental
Hamer Overlay
EXHIBIT "B"
ORDINANCE LANGUAGE ESTABLISHING ZONING REGULATIONS FOR PROJECT AREA 1 - FORMER HAMER ISLAND
"Chapter 23.63 HMR (HAMER) Overlay District
23.63.010 Purpose.
The HMR (Hamer) overlay district (HMR) zone is established to preserve and promote the health, safety, and ceneral welfare of the community, and to promote cuality desicn and standards consistent with City Council policies by allowinc for modifications to the parking and development standards established in a base zone. A parking standard or development standard may be modified for the purpose of providing specific guidelines for a civen neighborhood, achieving desicn or public safety goals, or for avoidinc possible detrimental impacts on neichboring properties. The HMR overlay district zone is intended to provide further clarification of reculations for the area formerly known as unincorporated Hamer Island, and is applied to any base zone and may be applied in conjunction with other overlay zones.
23.63.020 Application of HMR (HAMER) overlay zone.
Whenever the HMR overlay district is established on any property, any use, building, structure or parking standard allowed under Chapter 23.63 on said property shall take precedence over the uses and standards permitted by the underlying zone. For example, R-1-HMR indicates that the base zone of the property is R- 1 (sincle-family residential) and the parking and storace of recreational vehicles standards set forth in Placentia Municipal Code Section 23.63.030 shall take precedence, in lieu of the standards applied to the R-1 zone as set forth in Placentia Municipal Code Sections 23.78.150 and 23.78.155 sh.
23.63.030 Parking and storage of recreational vehicles general requirements.
Whenever the HMR Overlay district is established on any property, the standards set forth in Placentia Municipal Code Sections 23.78.150 and 23.78.155 shall not apply and the following standards shall apply in lieu of those:
VEHICLE STORAGE AND PARKING REGULATIONS
RESIDENTIAL ZONES AND RESIDENTIALLY —
DEVELOPED PROPERTY
Parking and Storage Operations
Vehicles,
Abandoned, wrecked, dismantled or
Recreational
inoperative vehicles, or part thereof.
Vehicles and
Recreational
Apparatus
Interior stage. Enclosed completely
P
P
within a building in a lawful manner
where it is not visible form the street or
other public or private property.
Other residential storage options.
P
NP
Stored or parked on paved area that
meets the following criteria:
a) A paved area that is not within
the rec uired building setback
area abutting a public street,
excludinc alleys; and,
b) Screened by a 6 -foot high
permanent, solid opacue fence
or wall. The fence or wall shall
be constructed and maintained
in accordance with applicable
development standards for
fences and walls contained in
the County of Orange Zoning
Code. A buildinc may also serve
to screen the storage area.
c) The exception to subparagraphs
a. and b. above is that vehicle
may be stored or parkinc on a
paved driveway connecting a
garage or carport with a public
or private street.
Stored or parkinc on any unpaved
NP
NP
surface, except as permitted above.
P = Permitted
NP = Not Permitted
23.63.040 Eligibility.
The contiguous boundaries of the HMR overlay district(s) shall consist of a minimum of one (1) gross acre or more."
"23.78.160 Parking and storage of recreational vehicles within the HMR (HAMER) overlay zone.
Whenever the HMR Overlay district is established on any property, the standards specifically set forth in Placentia Municipal Code Sections 23.78.150 and 23.78.155 shall not apply and the following standards shall apply in lieu of those:
VEHICLE STORAGE AND PARKING REGULATIONS
RESIDENTIAL
ZONES AND RESIDENTIALLY —
DEVELOPED
PROPERTY
Parking and Storage Operations
Vehicles,
Abandoned, wrecked, dismantled or
Recreational
inoperative vehicles, or part thereof.
Vehicles and
Recreational
Apparatus
Interior stage. Enclosed completely
P
P
within a building in a lawful manner
where it is not visible form the street or
other public or private property.
Other residential storage options.
P
NP
Stored or parked on paved area that
meets the following criteria:
a) A paved area that is not within
the required building setback
area abutting a Dublic street,
excluding alleys; and,
b) Screened by a 6 -foot high
permanent, solid opacue fence
or wall. The fence or wall shall
be constructed and maintained
in accordance with applicable
development standards for
fences and walls contained in
the County of Orange Zoning
Code. A building may also serve
to screen the storage area.
c) The exception to subparagraphs
a. and b. above is that vehicle
may be stored or parkinc on a
paved driveway connecting a
garage or carport with a public
or private street.
Stored or parkinc on any unpaved
NP
NP
surface, except as permitted above.
P = Permitted
NP = Not Permitted"
EXHIBIT "C"
ORDINANCE LANGUAGE CHANGING THE ALLOWABLE DENSITY OF THE R-3 ZONE FOR PROJECT AREA 2 - CITYWIDE
23.21.010 Purpose.
The purpose of the "R-3" district is to stabilize and maintain the residential character of the district for medium high density apartment living with substantial space for cooperatively used facilities and open spaces. The maximum allowable density of this district shall be twenty five (25) thirty (30) dwelling units per acre.
RESOLUTION NO. R-2022-78
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA, FINDING THAT APPROVAL OF
GENERAL PLAN AMENDMENT (GPA) NO. 2022-02 IS
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) PURSUANT TO CEQA SECTION
15061(B)(3) AND, AND APPROVING GENERAL PLAN
AMENDMENT (GPA) 2022-02 AFFECTING TWO PROJECT
AREAS GENERALLY DESCRIBED AS: 1) THE AREA OF THE
CITY OF PLACENTIA PREVIOUSLY KNOWN AS
UNINCORPORATED HAMER LSLAND, WHICH CONSISTS OF
76 ACRES COMPLETELY SURROUNDED BY THE CITY
PLACENTIA AND GENERALLY LOCATED NORTH OF PALM
DRIVE, SOUTH OF SHADBURN AVENUE, WEST OF
CARBON CREEK CHANNEL, AND EAST OF ARROWHEAD
DRIVE, AND 2) CITYWIDE
A. Recitals.
Whereas, on November 8, 2022, the Planning Commission of the City of Placentia conducted, and concluded a duly noticed public hearing as required by law, and recommended that the City Council of the City of Placentia adopt a "Common Sense" exemption under Section 15061 (b)(3) of the State CEQA Guidelines and the City of Placentia Environmental Guidelines regarding GPA 2022-02 related to Project Area location nos. 1 and 2 described as: Project Area 1) former 76 acre unincorporated Hamer Island, Project Area 2) citywide, and recommended approval of General Plan Amendment (GPA) No. 2022-05 along with related Zoning Code Amendment/Zone Change (ZCA) No. 2022-05; and
Whereas, on November 15, 2022, the City Council of the City of Placentia conducted, and concluded a duly public hearing, as required by law, to review and take action on General Plan Amendment (GPA) No. 2022-02 and related Zoning Code Amendment/Zone Change (ZCA) No. 2022-05; and
Whereas, on or about November 3, 2022, the City provided notice of public hearing in accordance with California Government Code Section 65090 and the City of Placentia Municipal Code 10 days prior to the public hearing to property owners of record within a 300 -foot radius of Project Area 1, published notice in the newspaper, and posted at the Civic Center for both Project Area Nos. 1 and 2; and
Whereas, all other legal prerequisites to the adoption of this resolution have occurred.
Resolution R-2022-78 ATTACHMENT 1
B. Resolution.
NOW, THEREFORE, the City Council of the City of Placentia hereby finds, determines and resolves as follows:
Section 1. CEQA. The City Council certifies that the City has complied with all requirements of the California Environmental Quality Act and the City of Placentia Environmental Guidelines as codified in Title 14 of the California Code of Regulations ("CCR") Section 15000 et. seq., Public Resources Code Section 21000 et. seq. and the City of Placentia Environmental Guidelines, and the City Council finds as follows:
Regarding Project Area Location Nos. 1 and 2, the entirety of project no. General Plan Amendment (GPA) No. 2022-02, in accordance with the California Environmental Quality Act (CEQA) and State and local Environmental Guidelines, the City of Placentia City Council hereby adopts a Statutory Exemption from CEQA pursuant to the "Common Sense" exemption under Section 15061 (b)(3) of the State CEQA Guidelines, which states: "A project is exempt from CEQA if: the activity is covered by the Common Sense exemption that CEQA applies only to projects which have the potential for causing significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA."
Section 2. General Plan Amendment. The City Council hereby approves and adopts an amendment to the City of Placentia General Plan (2022-02), an amendment to the City of Placentia General Plan to establish a General Plan Land Use Designation for Project Area 1, and to update portions of the Land Use Element as follows:
a. Approve an amendment to the City of Placentia General Plan Land Use Map to change the existing land use designation of Project Area 1, the former 76 acre unincorporated Hamer Island, from undesignated (no land use designation) to Low Density Residential (LDR) incorporated herein by this reference and as set forth in Exhibit "A"
b. Approve an amendment to the City of Placentia General Plan Land Use Element recognizing Hamer Island as part of the incorporated City of Placentia, amending the text of the Land Use Element to establish Project Area 1 as Low -Density Residential within the text of the Land Use Element; and, including a General Plan Amendment for Project Area 2 to amend the text of the Element, amending the allowable density of the High -Density Residential land use designation within the Land Use Element, increasing the allowable density from 25 to 30 units per acre incorporated herein by this reference and as set forth in Exhibit "B".
Section 3. Based upon the findings and conclusions set forth herein, the City Council hereby approves General Plan Amendment 2022-02.
Section 5. The City Council shall:
a. Certify to the adoption of this Resolution.
Resolution R-2022-78 ATTACHMENT 1
PASSED, APPROVED AND ADOPTED this 15th day of November, 2022.
Rhonda Shader, Mayor
ATTEST:
Robert S. McKinnell, City Clerk
I, Robert S. McKinnell, City Clerk of the City of Placentia, do herby certify that the foregoing Resolution was adopted at a regular meeting of the City Council of the City of Placentia, held on the 15th day of November 2022 by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAINED: Councilmembers:
ATTEST:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
Resolution R-2022-78 ATTACHMENT 1
Attachments:
Exhibit A:
Exhibit B:
Establish General Plan Land Use Designation for Project Area 1 Land Use Element Amendments for Project Area 1 and Project Area 2 Resolution R-2022-78 ATTACHMENT 1
GPA 2022-02 HAMER ISLAND LANDUSE MAP
Low Density Residential
EXHIBIT "B"
GENERAL PLAN LAND USE ELEMENT AMENDMENTS ESTABLISHING PROJECT AREA 1 (FORMER HAMER ISLAND) AS LOW -DENSITY RESIDENTIAL WITHIN THE TEXT OF THE LAND USE ELEMENT; AND, INCLUDING A GENERAL PLAN TEXT AMENDMENT FOR PROJECT AREA 2 (CITYWIDE) TO AMEND THE TEXT OF THE
ELEMENT, AMENDING THE ALLOWABLE DENSITY OF THE HIGH -DENSITY
RESIDENTIAL LAND USE DESIGNATION, INCREASING THE ALLOWABLE DENSITY FROM 25 TO 30 UNITS PER ACRE
RICH HERITAGE • BRIGHT FUTURE
2 Land Use
City of Placentia
RICH HERITAGE • BRIGHT FUTURE
Contents
2.1 Introduction 1
2.2 Authority for the Element 1
2.3 Summary of Existing Land Uses 2
2 . 4 Relationship to Other Plans and Programs 7
2.5 Land Use Plan 13
2.6 Land Use Intensity/Density 22
2. 7 Goals and Policies 25
tables & exhibits
Table 2-1. Existing Land Use Designation 2
Table 2-2. Summary of Vacant Land by Land Use Designation 4 Exhibit 2-1 Existing General Plan Land Use Map 5
Exhibit 2-2 Proposed General Plan Land Use Map 6
Table 2-3. General Plan/Zoning Relationships 9
Table 2-4. Specific Plans 10
Exhibit 2-3 Specific Plan Parcels 12
Table 2-5. General Plan/Zoning Relationship —Specific Plans 13 Table 2-6. Proposed General Plan Land Use Designations 14 Exhibit 2-4 Vacant Parcels 15
Figure 2-1 Low -Density Residential 16
Figure 2-2 Medium -Density Residential 16
Figure 2-3 High -Density Residential 18
Figure 2-4 Commercial 19
Figure 2-5 Old Town 2-23
Figure 2-6 Manufacturing 20
Figure 2-7 Open Space 21
City of Placentia
RICH HERITAGE • BRIGHT FUTURE
Table 2-7. General Plan Land Use Designation — Potential Development Buildout 22
City of Placentia
RICH HERITAGE • BRIGHT FUTURE
2.1 Introduction
Rich Heritage, Bright Heritage: Our Vision in Motion.
More than any other element, the Land Use Element sets our vision in motion, as it will shape the way our community evolves over the next twenty years. We cherish our rich heritage and seek to protect the attributes that have contributed to creating a thriving community: well -maintained neighborhoods, quality schools, a diversified economy and a variety of recreational opportunities. We also embrace changes that will result in a more improved quality of life for future generations, changes that create a more sustainable and equitable environment for all stakeholders.
This Element serves as the long-range planning guide for development in the City. It determines where people live, work, shop, play and socialize; and our quality of life depends on how each of these fit together in a coherent pattern to create a sense of place that fosters health and well-being.
The Land Use Element commits Placentia to realizing its vision by achieving the following, each of which is described and accompanied by goals and policies in Section
2.7 of this Element:
• Balanced Development with Economic Growth;
• Compatible and High -Quality Development;
• Revitalization of Existing Uses and Properties;
• Protection of Natural Resources;
• Well Designed Places, Buildings and Streetscapes; and • Provision of High -Quality Infrastructure and Services.
The Land Use Element serves as a guide to public officials, the investment community and private citizens for decisions regarding the type, intensity and general distribution of uses of land for housing, business, industry, and open space. The Element provides public officials with the framework for directing new development and providing high -quality public infrastructure and community services in a way that achieves the community vision.
The Essential Components
The essential components of the Land Use Element are the General Plan Land Use Map and the goals and policies that guide future development. While the General Plan Land Use Map is an essential component of the entire General Plan, it also provides a graphic representation of the goals and policies expressed by all the General Plan's elements.
Users of this document should refer to the goals, policies and the Land Use Map when evaluating proposed development and improvements.
2 . 2 Authority for the Element
The State of California Government Code Section 65302 (a) requires that a General Plan include:
"A Land Use Element that designates the proposed general distribution and general location and extent of the uses of the land for housing, business, industry, open space including City of Placentia
RICH HERITAGE • BRIGHT FUTURE
agriculture, natural resources, recreation and enjoyment of scenic beauty, education, public buildings and grounds, solid and liquid waste disposal facilities, greenways and other categories for public and private uses of land. The land use element shall include a statement of the standards of population density and building intensity recommended for the various districts and other territory covered by the plan. The land use element shall identify and annually review those areas covered by the plan that are subject to flooding identified by flood plain mapping prepared by the Federal Emergency Management Agency
(FEMA) or the department of water resources."
2.3 Summary of Existing Land Uses
Placentia has grown into a community of approximately 50,533 residents according to the most recent 2010 US Census. The general layout and land use pattern of the City has stayed relatively consistent throughout the years. Exhibit 2-1 shows the distribution of existing land uses within the City, as of the date of this General Plan. Table 2-1, Existing Land Use Distribution, quantifies the amount of acreage devoted to each land use, as well as the existing number of dwelling units within each category. The City of Placentia, which represents the planning area for the Placentia General Plan, encompasses approximately 4,238 acres, including the area devoted to public right-of-way (ROW).
The planning area also includes the 76 acres of unincorporated area within the city boundaries. See the Local Agency Formation Commission (LAFCO) Sphere of Influence map in Appendix 2-1. It should be noted that the 76 acre unincorporated area within the city boundaries formerly known as Hamer Island was annexed into the City of Placentia in July 2022. This area is now designated as Low Density Residential on the Land Use Map.
The City is almost entirely developed. New development occurs on the limited remaining vacant and underutilized parcels (i.e., parcels that have remaining development capacity pursuant to the Zoning Code). Vacant land within the City of Placentia encompasses 54.5 acres, or 1.3 % of the City's total acreage. Exhibit 2-2, Vacant Parcels, illustrates vacant lands within the City. Table 2-2, Summary of Vacant Land, identifies the land uses of the vacant acres. Vacant parcels are primarily located in the southeastern portion of the City within Specific Plan areas. The majority of vacant residential parcels are located in low - density residential areas.
Land Use
Designation
Table 2-1. Existing Land Use Designation
Existing Acreage
Percentage 1 Number of Units
Low Density
Residential
1266 30% 6,900
Medium Density
Residential
400 9% 3,6762
City of Placentia
RICH HERITAGE • BRIGHT FUTURE
Land Use
Designation
Existing Acreage
High Density
Residential
136
Commercial 137
Percentage 1
3%
3%
Number of Units
2,503
Planned
Community
(Alta Vista
Golf Course)
337 8% 1,614
Old Town 29
1%* 285
Transit
Oriented
Development
(TOD)
22 Commercial -
Manufacturing
47 1%
Office
32 1%*
Industrial
327 8%
Schools
212 5%
Park
94 2%
Specific Plan 309
7% 2,281
ROW- Railroad
25 1%*
ROW - Parkway
Vista
18 1%*
ROW- Local
streets
798 19%
ROW -
Freeways,
Flood Control,
Highway
49 1%
TOTAL AREA OF
CITY W/O ROW
3,348
TOTAL AREA OF
CITY
4,238
100% 17,270
City of Placentia
RICH HERITAGE • BRIGHT FUTURE
Land Use
Designation
Existing Acreage
Percentage 1 Number of Units
1 Percentage ages based on 4,238 acres of total land area within City limits, which includes the right of way acreage. %age figures are rounded to closest whole numbers. The symbol * means that the %age is less than 1%.
2 569 mobile homes are principally located in the Medium -Density district.
Table 2-2. Summary of Vacant Land by Land Use Designation Land Use Designation Vacant Areas Vacant Parcels
Low Density Residential
3.6 24
Medium Density Residential
6.1 8
High Density Residential
5.2 3
Commercial
2.3 3
Old Town
0.2 3
Transit Oriented Development (TOD)
0.4 1
Office
1.4 2
Commercial -Manufacturing
Industrial
Specific Plan
8.4 5
5.7 4
21.2 65
Total
54.5 118
Source: City of Placentia, 2018
Note: 1.3% of total city is vacant
City of Placentia
RICH HERITAGE • BRIGHT FUTURE
Michael Baker
INTERNATIONAL
PLACEN TIA
Rich Heritage, Bright Future
LEGEND
Land Use Description
Low Density Residential (1266 acres)
Medium Density Residential (400 acres)
Ul High Density Residential (136 acres)
Planned Community (337 acres)
Office (32 acres)
Commercial (137 acres)
Commercial -Manufacturing (47 acres)
Industrial (326 acres)
Parks (94 acres)
Parkway Vista (18 acres)
Railroad (25 acres)
Schools (212 acres)
Specific Plan (310 acres)
Old Town (29 acres)
TOD (22 acres)
Live -work (0 acres)
Mixed -use (0 acres)
t Railroad
L 1 City Boundary
0 1100 2200
Feet
Existing General Plan Land Use Map
ource'. City of Placentia, 2018
City of Placentia
RICH HERITAGE • BRIGHT FUTURE
Exhibit 2-2
I Y r c A d Lf i 0 y ALI
source: cry of Raoentia, Otte6er 2019
Law Derstty Reslde•1tla1 fi25.E awes)
kiedumDe1 !y Readenn3l (353 waes)
H9gh Denstty IReEI l31 (151 acres)
Raleed CAfl11runtty (320 axes)
7 Cellloe (25 acres}
Conunelda {137 acres;
Cairrkldar-Marx 53dLsklg t4: arnes}
7 has1n i 1.315 axes)
parks;99 axes)
Far yVllta(18acres)
nn RAID= (25 acres}
3dlooisdnstthr3onai {225 acres}
,• sonic Rai (372 axes)
_a^i use des-grafmne cuaaerltty na;
3ssgned to spec= properles
n Like -work
IM Mixed -use
Proposed General Plan Land Use Map
City of Placentia
RICH HERITAGE • BRIGHT FUTURE
As shown in Table 2-1 and Exhibit 2-1, residential uses make up the majority of the City's total acreage. Over half (52% or 9,394 du) of the residential units in Placentia are designated as low -density residential. Residential land uses within the City range from low -density single-family development and planned communities to higher density multi- family housing.
Commercial and office uses are concentrated along primary arterials in the eastern and western portions of the City, serving Placentia residents and the surrounding region.
Industrial and manufacturing uses occur in the southern portion of the City adjacent to the rail line. The combined acreage for commercial, office and industrial/manufacturing areas make up 13%, or 543 acres of the City.
Public schools within the City of Placentia utilize approximately 212 acres, or 5% of the City's total acreage. Placentia's educational services are provided by the Placentia—Yorba Linda Unified School District (PYLUSD). Communities served by PYLUSD include Placentia, Yorba Linda and parts of Anaheim, Brea, Fullerton and unincorporated County territory. There is a total of 16 public schools located within the City of Placentia. Of those 16 schools, ten are elementary schools, two are middle schools, three are high schools, and there is one District Education Center. The additional three schools (Adult Education, District Education Center, and Parkview School) provide for alternative education opportunities.
Parks are dispersed throughout the City of Placentia. The facilities are primarily used for community and neighborhood recreational opportunities. Park uses consist of 94 acres, or 2%, of the City's total acreage.
There are four types of public ROW within the City's boundaries including railroad, local streets, freeways, highways, flood control channels, and the parkway vista area. The parkway vista category refers to designated landscaped thoroughfares with common setback requirements. The total ROW within the City of Placentia encompass approximately 890 acres, or 21% of the City's total acreage.
Since the last adopted General Plan Land Use Map in 1977, thirty land use amendments have been adopted by the City. The primary purpose for these amendments has been to create opportunities to accommodate market demand for alternative land uses in various parts of the City. The types of land use amendments adopted are varied and have included re -designating low -density residential land to medium -density residential, commercial to residential, industrial to commercial/manufacturing, office to commercial or residential, and creating at least five specific plan areas. The two most recent amendments designated two areas near the upcoming Metrolink Station from commercial and industrial to "Old Town" and "Transit Oriented Development." The total of these two combined areas is approximately 50 acres.
2 . 4 Relationship to Other Plans and Programs
The Land Use Element sets forth the policy framework to shape the long-term physical environment of Placentia through comprehensive guidance on how the City will develop and what it wants to accomplish with its development. The Land Use Element both reinforces and is reinforced by the other elements of the General Plan and is implemented through other City planning tools and programs, including the Zoning Map, Zoning Code, specific plans, development agreements and the City's Capital Improvement Program.
However, not all City projects and public works improvements can be consistent with the General Plan and Zoning Code, as there are unique requirements and challenges faced by the City in providing the necessary infrastructure and services to the citizens. The City Council is acting in the interests of the citizens health, safety and general welfare when approving City projects, and the location and regulations of the General Plan and Zoning Code are not applicable to, nor binding on, City projects and public works improvements.
City of Placentia
RICH HERITAGE • BRIGHT FUTURE
Relationship to other General Plan Elements
All elements of the General Plan are interrelated and must be internally consistent. The Land Use Element works in concert with other elements to achieve broader community goals and is designed to be compatible with, and complementary to, all other elements.
The Land Use Element integrates policies contained in other elements through the proposed pattern of land uses established on the General Plan Land Use Map.
Conversely, other elements support implementation of the Land Use Element. • The Mobility Element provides for the maintenance of a transportation network that will support the ultimate land uses established on the Land Use Map. Land use and mobility depend upon one another to create efficiencies in the movement of people and goods.
• The Housing Element, adopted in 2013, contains policies for residential development, which are supported by policy and land use designations outlined in the Land Use Element. The Land Use Element works to provide the sites and associated designations required to meet the City's regional housing needs. • The Open Space and Recreation Element identifies sites for community open space uses that are reflected on the Land Use Map and contains policies to enhance open space and recreational resources within the City.
• The Conservation Element identifies policies related to air quality, water resources, cultural resources and recreation, each of which relate to land use and influence the pattern of proposed land use contained in the Land Use Map to achieve the sustainable management of resources.
• The Safety Element identifies potential hazards that may occur within the land use planning areas and serves to influence the location of different types of land use to avoid hazardous areas.
• Noise contours identified in the Noise Element are used as a guide to establish the land use patterns to ensure that future development minimizes exposure of residents to excessive noise.
Relationship to Placentia's Zoning Code
The City of Placentia Zoning Code is a regulatory document that provides a means to implement the policies contained in the City's General Plan. While the General Plan provides long-range and broad categories of land use, the Zoning Code provides specific development requirements, such as density, height, setbacks, lot coverage, and development character. Similar to the General Plan, a Zoning Map accompanies the Zoning Code and defines the boundaries of each Zoning District.
The City of Placentia's Zoning Code (Title 23 of the Placentia Municipal Code) establishes land use zoning districts that provide for uniform regulations to properties similarly situated within each zoning classification. State of California law requires the City's Zoning Code be in conformance with the General Plan. Therefore, any land use designation amendments that will become inconsistent with Title 23 of the Placentia Municipal Code will have to be reconciled. This means that a series of Zoning Map Changes will need to occur to make the zoning of certain properties consistent with the amended land use designation.
The relationship between the General Plan land use designations and zoning districts is shown in Table 2-3, General Plan/Zoning Relationships. The table indicates how properties should be zoned to be consistent with the General Plan Land Use Map.
City of Placentia
RICH HERITAGE • BRIGHT FUTURE
Table 2-3. General Plan/Zoning Relationships
•
General Plan Land
Use Designation
uompatioie coning uistncttsj
,
I I I I I
r4
i
U'
(\]
U'
c9
I24
M
I24
u
L4
a
SRO
o>
I I I
H
W
o
0 —I
II
U
N
U
OT
TOD
x
I
0 n
a,
MHP
0 PUD
i
Low Density
Residential
•
•
•
•
I•
Medium Density
Residential
•
•
•
•
I•
High Density
Residential
•
•
•
Commercial
•
•
•
•
•
•
•
•
Old Town
•
Transit
Oriented
Development
•
Mixed -Use
•
•
•
•
•
•
•
Live/Work
•
•
•
•
•
•
•
•
•
Commercial-
Manufacturing
•
Office
•
Industrial
•
•
•
Schools/
Institutional
•
Parkway Vista
•
Parks
•
•
Relationship to Specific Plans
Specific Plans are designed to implement General Plan goals and policies by designating land uses, densities, development standards and design standards in more specific detail.
A specific plan district addresses smaller areas that have unique qualities and require focused planning attention. The City of Placentia has adopted several specific plan zoning districts in the Zoning Code. These Specific Plan districts are shown in Table 2-4 City of Placentia
RICH HERITAGE • BRIGHT FUTURE
below and on Exhibit 2-3 and listed below. The relationship between the General Plan land use designations and the specific plan zoning districts is shown in Table 2-5, General Plan/Zoning Relationships - Specific Plans.
Table 2-4. Specific Plans
Name of Specific Plan Description of Specific Plan
Specific Plan 1
The purpose of this specific plan is
to permit the adaptive re -use of an
existing pioneer estate house for
commercial purposes in a manner which
will protect adjacent residents from
nuisance conditions.
Specific Plan 2
Since the Lewis Lemke House located
at 414 North Placentia Avenue is of
local historical architectural
significance and is representative of
a significant period of local
history, the purpose of this specific
plan is to provide standards whereby
it shall be renovated, restored,
operated and maintained in a manner
to preserve its historical
architectural characteristics.
Specific Plan 3
The purpose of this specific plan is
to provide an area for senior citizen
board and care facilities and senior
apartments which shall be compatible
with the surrounding residential
development and is designed
specifically for the needs of the
elderly.
Specific Plan 4
The purpose of this specific plan is
to provide apartments in a medium
density residential setting that will
be affordable to lower -income
families for a minimum of thirty (30)
years. Special development standards
are applied to further this purpose
and to allow development of a parcel
that is impacted by considerable
physical constraints.
Specific Plan 5
The specific plan is intended to
provide a site for retailers and
businesses, which through the
characteristics of their respective
services offered, cater to the entire
community.
City of Placentia
RICH HERITAGE • BRIGHT FUTURE
Name of Specific Plan Description of Specific Plan
Specific Plan 6
The purpose of this specific plan is
to provide single-family detached
housing of an alternative design
while maintaining as many R-1
development standards as possible: to
provide private and common recreation
opportunities, mitigate impacts from
noise and oil production and provide
safe vehicle and pedestrian
circulation.
Specific Plan 7
The purpose of this specific plan is
to assure the consistent development
of the East Placentia specific plan
area in a manner which meets the
growing housing needs of Placentia
while adapting to the special
characteristics of the land available
for residential and commercial
development.
Specific Plan 8
The purpose of this specific plan is
to provide for cluster single-family
detached housing units. There is
private fee ownership of the lots in
Specific Plan 8, with the majority of
the lots configured in a cluster
arrangement, and with many of the
remaining row lots offering a golf
course view.
Specific Plan 9
The purpose of this specific plan is
to provide an area for a senior
apartment complex, which shall be
compatible with the surrounding golf
course and residential development
and is designed specifically for the
needs of senior citizens.
Specific Plan 10
The purpose of this specific plan is
to provide for a single-family
detached residential neighborhood
plus common area open space and
improvements. There is private fee
ownership of the lots in Specific
Plan 10 with common areas owned and
maintained by a homeowner's
association.
City of Placentia
RICH HERITAGE • BRIGHT FUTURE
Michael Baker
INTERNATIONAL
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PLACEN TIA
Rich Heritage, Bright Future
LEGEND
Specific Plan (322.21 acres)
Other Land Use (3,049.87 acres)
+1 Railroad
C:) City Boundary
0 1100 2200
Feet
Specific Plan Parcels
ource' City of Placentia, 2018
City of Placentia
RICH HERITAGE • BRIGHT FUTURE
Table 2-5. General Plan/Zoning Relationship — Specific Plans Compatible Zoning Districts
General Plan Land Use
Designation
`;
m
SP -2
SP -3
7 m
SP -5
1O
m
SP -7
00 m
61 m
0 i
m
Low Density Residential
•
•
Medium Density
Residential
•
•
•
High Density Residential
•
•
Office
•
•
Commercial
•
Day Care/Assisted Living
•
Oil Extraction
•
Open Space
•
•
Flood Control
•
Source: City of Placentia, May 2018
2 . 5 Land Use Plan
Land Use Designations
General Plan land use designations describe the type and intensity of development allowed in a specific area. While terms like "residential", "commercial", or "industrial" are generally understood, State General Plan law requires a clear and concise description of the land use categories that are depicted on the General Plan Land Use Map (refer to Exhibit 2-4, General Plan Land Use Map). The General Plan Land Use Map indicates the location of the land use designations within the City. The acreages of the various land uses on the General Plan Land Use Map are presented in Table 2-6, General Plan Land Use Designations.
City of Placentia
RICH HERITAGE • BRIGHT FUTURE
Table 2-6. Proposed General Plan Land Use Designations
Land Use Designation
Approximate
Acreage
Percentage'
Low Density Residential
1266 30%
Medium Density Residential
393 9%
High Density Residential
151 4%
Planned Community
320 8%
Commercial
137 3%
Old Town
29 1%*
Commercial -Manufacturing
44 1%
Mixed -Use
0 0%
Transit Oriented Development (TOD)
22 1%*
Live Work
0 0%
Office
26 1%*
Industrial
315 7%
Schools/Industrial
225 5%
Parks
99 2%
ROW - Freeways, Flood Control,
Highway
49 1%
ROW - Parkway Vista
18 1%*
ROW- Local streets
798 19%
ROW- Railroad
25 1%*
Specific Plan
322 7%
TOTAL AREA OF CITY
T4,238 100%
Source: City of Placentia, May 2018
1 Percentages based on 4,238 acres of total land area within City limits, which includes the right of way acreage. %age figures are rounded to closest whole numbers. The symbol * means that the %age is less than 1%.
The General Plan Land Use Map indicates the location of General Plan land use designations within the City. Each designation is defined below. It is a State requirement that the land use designations and the City's zoning districts are to be consistent with each other. Therefore, within each land use designation definition are a list of consistent zoning districts.
City of Placentia
RICH HERITAGE • BRIGHT FUTURE
Michael Baker
INTERNATIONAL
This page intentionally left blank.
PLACEN TIA
Rich Heritage, Bright Future
LEGEND
Vacant Parcel (54.70 acres)
Other Land Use (3,049.87 acres)
+1 Railroad
C:) City Boundary
0 1100 2200
Feet
Vacant Parcels
ource' City of Placentia, 2018
City of Placentia
RICH HERITAGE • BRIGHT FUTURE
Low Density Residential
The Low -Density Residential designation is intended to provide for the development of single-family detached homes on moderate -to large -sized lots. The Low -Density Residential designation permits a maximum development of six dwelling units per acre. The Low -Density Residential designation make up approximately 1,266, or 30%, of the City's total land area.
Zoning districts compatible with the Low -Density Residential designation include Residential Agriculture (R -A), Single Family Residential (R-1), Residential Planned Community (RPC) and Planned Unit Development (PUD). • Residential Agricultural (R -A). Residential Agricultural classification is intended to provide an area for people to have parcels of land larger than typical residential lots where livestock, poultry and small animals may
Figure 2-1
per
lot size is
permitted in
this district.
• Single -Family
Residential
(R-1). Single -
Family Residential classification provides for single-family residential uses in areas where a lower density of housing is desirable. This district is different from the Residential Agricultural district in terms of permitted uses and development standards.
• Residential Planned Community (RPC). Residential Planned Community classification provides for a variety of housing types and unit densities. Related commercial uses may be developed through the use of a development plan.
• Planned Unit Development (PUD). Planned Unit Development classification provides opportunities for alternative styles of single-family housing developments. The PUD is intended to provide a combination of private open space, common facilities or common open space owned and maintained by a homeowner's association.
be kept or
raised in
limited
numbers. One
single-family
dwelling unit
minimum
Figure 2-2
City of Placentia
RICH HERITAGE • BRIGHT FUTURE
Medium Density Residential
The Medium Density Residential designation is intended to provide for the development of single-family detached homes with increased density. The Medium Density Residential designation permits development of up to 15 dwelling units per acre. The Medium Density Residential designation makes up approximately 393 acres, or approximately 9%, of the City's total acreage.
Depending on parcel size, housing types can be innovatively designed with clustering and other techniques through a Planned Unit Development (PUD). Medium density developments typically provide greater opportunities to reduce environmental effects such as noise and aesthetics from adjacent uses than lower -density developments.
Zoning districts compatible with the Medium Density Residential designation include Low to Medium Density Multi -Family Residential (R-2), Medium Density Multi -Family (R -G), Mobilehome Park (MHP), Residential Planned Community (RPC) and Planned Unit Development (PUD). The RPC and PUD are discussed above. • Low to Medium Density Multi -Family (R-2). The Low to Medium Density Multi -Family classification provides a suitable environment for family living on a smaller scale by permitting higher densities. Typical developments in this district consist of two or three units per lot. • Medium Density Multi -Family (R -G). The Medium Density Multi -Family classification provides for lower density apartment living with areas for common -use facilities and open space. The maximum density allowed in this classification is 15 dwelling units per acre.
• Mobile home Park (MHP). The Combining Mobile Home Park classification provides for the accommodation of mobile homes in planned, integrated mobile home parks and subdivisions.
City of Placentia
RICH HERITAGE • BRIGHT FUTURE
• Planned Unit Development (PUD). This classification provides for alternative styles of single-family housing developments, utilizing more imaginative and innovative site planning concepts than would be possible through the strict application of conventional zoning and subdivision regulations. The PUD allows for density ranges of 6 to 15 dwelling units per acre.
High Density Residential
The
High -
Figure 2-3
Density Residential
designation is intended
to accommodate
multiple family
residences such as
apartments. This
designation permits a
maximum development
of 2-5 30 dwelling units
per acre. The High -
Density Residential
designation will consist
of approximately 151
acres, or 4%, of the
City's total acreage.
Zoning districts
compatible with the
High -Density
Residential designation
include High -Density
Multi -Family (R-3) and Residential Planned Community (RPC). • High Density Multi -Family (R-3). The High -Density
Multi -Family classification provides for medium
high -density apartment living with substantial space for common -use facilities and open space.
Commercial
The Commercial designation encompasses a broad range of retail uses. The Commercial designation makes up approximately 137 acres, or 3%, of the City's total acreage. The Commercial designation permits a maximum FAR of 1.0.
Zoning districts compatible with the Commercial designation include Town Center (T -C), Commercial Office (C- O), Neighborhood Commercial (C-1), and Community Commercial (C-2). Several specific plan designations allow Mixed -Use development. These Mixed -Use areas can include commercial uses as well. In light of the fact that the majority of the City (59%) is residential, these represent some of the last opportunities for commercial and Mixed - Use development.
City of Placentia
RICH HERITAGE • BRIGHT FUTURE
Figure 2-4
• Town Center (T -C). The Town Center classification provides for commercial uses offering a selective range of goods and services, including shopping, restaurants, major financial and administrative centers, governmental offices,
entertainment, cultural
and recreational uses.
• Commercial
Office (C -O). The
Commercial Office
classification provides
for office type uses with
larger yard and open
space requirements. The
commercial office
classification provides
architectural standards
similar to those used in
residential districts.
• Neighborhood Commercial (C-1). The Neighborhood Commercial classification provides for general retail and office uses that offer the sale of goods and services to the general public, catering primarily to local residents.
• Community Commercial (C-2). The Community Commercial classification provides for retail businesses that offer the sale of goods and services to a larger market area.
Old Town (OT)
This designation permits a mixture of housing, retail, office, and/or other similar uses integrated into a walkable neighborhood and located within a half -mile of quality public transportation. Typically, this type of development is characterized by a mixture of medium -high to high density residential development (30 to 65 dwelling units/acre), and neighborhood -supporting mixed -use areas designed to be contextually appropriate in and compatible with the identified neighborhood or historic area. On a single site, a combination of non-residential and residential uses can occur in the same structure or on the same site, where the residential component is located either above (vertical mixed -use) or behind or next to (horizontal mixed -use) the non-residential component. Commercial retail is encouraged to be the primary use on the ground floor. Professional office and housing uses are also encouraged, particularly as adaptive reuse opportunities within existing structures. This designation encourages lower parking standards, enhanced pedestrian environment, active streetscape, and enhanced amenities for bikes and buses. Similar to the
Figure 2-5 TOD
area,
City of Placentia
RICH HERITAGE • BRIGHT FUTURE
acreage.
Transit Oriented Development (TOD)
the pedestrian and
transit rider are given
priority over the
motorist. Transit
orientation, walkability,
and pedestrian access
are key considerations.
This land use
designation shall feature
sites for reserved solely
for residential
development (30 to 65
dwelling units/acre) and
for mixed -use
developments. The Old
Town designation
makes up approximately
29 acres, or less than
1% of the City's total
This
Figure 2-6
designation permits transit -oriented development. Transit -oriented development, or TOD, is a type of community development that includes a mixture of housing, office, retail and/or other amenities integrated into a walkable neighborhood and located within a half -mile of quality public transportation. Typically, this type of development is characterized by high density residential development (65 to 95 dwelling units/acre), lower parking standards, enhanced pedestrian environment, active streetscape, and enhanced amenities for bikes and buses. In TOD areas, the pedestrian and transit rider are given priority over the motorist. The TOD designation makes up approximately 22 acres, or less than 1% of the City's total acreage.
Mixed -Use (MU)
Local and neighborhood -supporting mixed -use areas designed to be contextually appropriate in and compatible with the identified neighborhood or historic area. On a single site, a combination of non-residential and residential uses can occur in the same structure or on the same site, where the residential component is located either above (vertical mixed -use) or behind or next to (horizontal mixed -use) the non-residential component. Commercial retail is encouraged to be the primary use on the ground floor. Professional office and housing uses are also encouraged, particularly as adaptive reuse opportunities within existing structures. Transit orientation, walkability, and pedestrian access are key considerations. There are currently no parcels designated as Mixed -Use.
Live Work (LW)
This category of land use is represented by an integrated residence and working space, occupied and utilized by a single household in a structure that has been designed or structurally modified to accommodate joint residential occupancy and work activity. There are currently no parcels designated as Live Work.
Commercial -Manufacturing
The Commercial -Manufacturing designation is intended to provide for uses combining both commercial and industrial characteristics. In addition, the designation allows for commercial uses that require large display or storage areas.
The Commercial -Manufacturing designation permits a maximum FAR of 1.0. The Commercial -Manufacturing designation makes up approximately 44 acres, or 1% of the City's total acreage.
The Commercial -Manufacturing (C -M) zoning classification is compatible with the Commercial -Manufacturing land use designation.
City of Placentia
RICH HERITAGE • BRIGHT FUTURE
Office
The Office land use designation provides for office, professional employment and services. The designation is intended to provide for office type uses that are located along major roadways, providing buffers for residential areas.
The Office designation permits a maximum FAR of 1.0. The Office designation makes up approximately 26 acres, or less than 1% of the City's total acreage.
The Commercial -Office (C -O) zoning classification is compatible with the Office land use designation.
Industrial
The Industrial land use designation provides for industrial uses with a maximum FAR of 1.0. The Industrial designation makes up approximately 315 acres, or 7% of the City's total acreage. Industrial uses are high traffic generators and adequate access to these uses and buffering from surrounding sensitive uses should be provided.
Zoning classifications compatible with the Industrial designation include Manufacturing (M) and Planned Manufacturing (PMD).
• Manufacturing (M). The Manufacturing zoning classification provides for industrial uses and related facilities.
• Planned Manufacturing District (PMD). The Combining Planned Manufacturing District zoning classification provides a method by which individual parcels may be developed utilizing a wider variety of building sizes and types.
Schools/Institutional
The School/Institutional land use designation provides for schools, their related uses and public buildings such as City Ha11, the library, and the Police Station., all located at the City's Civic Center. Schools should be located in residential areas and away from high intensity uses that generate substantial traffic and noise. The School designation makes up approximately 225 acres. This accounts for approximately 5% of the City's total acreage.
Parks
The Parks land use designation is intended for recreational type areas such as City parks. Open space should be located in residential areas so that recreational opportunities can be in close proximity to residents. The Parks designation makes up approximately 99 acres, or 2% of the City's total acreage.
Zoning districts compatible with the Open Space designation include Combining Parkway Vista (P -V) and Combining Oil (O and O-1).
Figure 2-7
• Parkway (P -V). The Parkway Vista classification creates landscaped thoroughfares with common setback requirements for all districts that abut designated thoroughfares.
City of Placentia
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• Combining Oil (O and O-1). The Combining Oil "O" classification provides for the use of land or the surface thereof in connection with the removal of minerals. The Combining Oil "O-1" classification provides for the use of land or the surface thereof in connection with the removal of minerals, providing for the maintenance and operation of existing wells, but limited from any new surface location.
Specific Plans
Currently, the City has ten specific plan areas, covering approximately 322 acres. The specific plans are principally for residential development, although two allow for commercial. Two residential specific plans allow for home occupations on the same property as historic structures and two allow for day care or assisted living. Another permits residential in conjunction with oil extraction. The Specific Plan designation makes up approximately 322 acres, or 8% of the City's total acreage.
2.6 Land Use Intensity/Density
State General Plan law requires that the Land Use Element indicate the maximum building intensities/densities allowed in the City. Each land use designation listed above contains corresponding intensity/density standards.
The term "intensity" refers to the degree of development based on a building's characteristics such as, floor area ratio (FAR), building height and lot coverage. Intensity is most often used to describe non-residential development.
The measure of intensity, known as floor area ratio (FAR), provides the most convenient method of describing levels of development. The floor area ratio is the relationship of total gross floor area of all buildings on a lot in square feet to the total land area of the lot in square feet expressed as a ratio. The FAR describes use intensity on a lot, but not the actual building height and lot coverage.
The term "density" is a measure of the population or residential development capacity of a designated land use.
Residential density is described in terms of dwelling units per gross area (du/ac). A dwelling unit is a building, or a portion of a building used for human habitation and may vary considerably in size (square footage). For purposes of calculating population, an average number of persons per acre or dwelling unit for all types and sizes of dwelling units is assumed.
Table 2-7 includes the density or intensity standard for each land use designation and the corresponding future development potential. However, given the limited amount of vacant land (54 acres), the level of existing, stable development, and the historical development patterns over the last three decades, the buildout is not likely to be realized.
Table 2-7. General Plan Land Use Designation — Potential Development Buildout Density
Standard Intensity
Land Use Designation (du/ac) or Standard
Total Acres (FAR) 1
(acs)
Low Density
Residential
6 du/ac
Ultimate
Buildout
Dwelling
Units2
7,596
Ultimate
Build Out
Square
Footage2
Medium Density
Residential
15 du/ac 5,895
High Density 25 30
Residential du/ac
3,775
Commercial 137 acs 1.0 FAR 5,967, 720
Old Town3
30-65
du/ac
810 181,250
City of Placentia
RICH HERITAGE • BRIGHT FUTURE
Density
Standard Intensity
Land Use Designation (du/ac) or Standard
Total Acres (FAR) 1
(acs)
Ultimate
Buildout
Dwelling
Units2
Ultimate
Build Out
Square
Footage2
Transit Oriented 65-95
Development (TOD) du/ac
564 30,000
Commercial -
Manufacturing
44 acs
1.0 FAR 1,910,640
Office 25 acs 1.0 FAR 1,089, 900
Industrial 315 acs 1.0 FAR 13,721,400
Specific Plans5 322 acs Varies 3,690 570,200
Residential
Planned Community
7.1 du/ac 2,272
TOTAL 24,602 23,471,110
City of Placentia
RICH HERITAGE • BRIGHT FUTURE
Density
Standard Intensity
Land Use Designation (du/ac) or Standard
Total Acres (FAR) 1
(acs)
Ultimate
Buildout
Dwelling
Units2
Ultimate
Build Out
Square
Footage2
Source: City of Placentia, May 2018
Notes:
1 Density standards represent the maximum gross density allowed.
Net densities would be lower, dependent on zoning requirements and other regulatory considerations that limit the full development potential.
2 Ultimate dwelling units and square footage estimates based upon existing acreage multiplied by gross density/intensity standards. The realistic buildout for the city is represented in the Environmental Impact Report for the General Plan update. 3 Based on the Negative Declaration, (ND 2017-02), July 2017 the Old Town area would consist of the addition of 525 residential units, 85,000 square feet of commercial use, 40,000 square feet of retail use, and a 50 -room hotel to the existing area. The existing number of units is 285.
4 Based on Mitigated Negative Declaration, (MAID 2017-01), April 2017, which assumed a 5,000 net vehicle trip cap. The cap of 5,000 vehicle trips (net) at buildout assumes that an estimated 752 dwelling units (DU) could be constructed under an all residential development scenario and stay within the 5,000 - vehicle trip cap or, alternatively, a mix of 75% residential (564 DU) and 25% commercial (30,000 square feet of gross leasable area (GLA)) could also stay within the 5,000 -vehicle trip cap. This table assumes the mix scenario. Any additional development above the 5,000 -trip cap would require further environmental analysis and is not permitted until that is completed.
5 Specific Plan category represents both residential and commercial development and was calculated taking potential buildout of each specific plan area and then totaling, as below:
SP 1- SFD=1 Unit
SP 2- SFD =1 Unit
SP 3- Assisted Living - 5.80 45du/ac for 261 units
SP 4- 8 affordable units
SP 5- 19 acres of retail, hotel, dealership 0.5 FAR
assumption for 413,820 sf of commercial
SP 6- 4.1 acres, 6 du/ac for 24 units
SP 7- 300 acres residential and commercial:
o Low Density -163.85 ac 6 du/ac = 983 units
o Medium Density -11.40 ac at 15du/ac = 171 units
o Medium -High Density-36.97ac at 20du/ac (assumption)
=739 units
o High Density-37.34ac at 25du/ac = 933 units
City of Placentia
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Density
Standard Intensity
Land Use Designation (du/ac) or Standard
Total Acres (FAR) 1
(acs)
Ultimate
Buildout
Dwelling
Units2
Ultimate
Build Out
Square
Footage2
o commerciai—/.idac 0.5 NAR (assumption) =156,J8Ust
SP 8- 7 acres at 10.3 du/ac = 72 units
SP 9- 10.35 ac at 40.5 du/ac = 419 units
SP 10- 7.82 ac at 10 du/ac = 78 units
2 . 7 Goals and Policies
City of Placentia
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The Land Use Element goals and policies provide direction for future growth and development in Placentia, while minimizing existing and potential land use conflicts. Goals are statements, or declarations, that reflect the broader vision for the City: the overall way Placentia wants to allow and encourage development. Policies follow each goal and provide more specific ways to achieve those goals.
Related land use goals and policies are also located in several other Elements of the General Plan.
Balance Development with Economic Growth
The City of Placentia is largely residential but also has neighborhood serving commercial uses, with a smaller industrial base. While the City provides a range of land use types, it also competes with surrounding jurisdictions for basic services (groceries, retail, etc.). Therefore, it is in the best interest of the City to establish a land use pattern that balances economic development with land use decisions.
GOAL LU -1
Provide a well-balanced land use pattern that accommodates existing and future needs for housing, commercial, industrial and open space/recreation uses, while providing adequate community services to City residents.
Policy LU - 1.1 Preserve single-family neighborhoods in Placentia, which provide support for the city's commercial and industrial uses.
Policy LU - 1.2
Policy LU - 1.3
Policy LU - 1.4
Policy LU - 1.5
Policy LU - 1.6
Policy LU - 1.7
Policy LU - 1.8
Policy LU - 1.9
Policy LU - 1.10
Policy LU - 1.11
Allow for a variety of residential infill opportunities including single family, multi -family, mixed -use, manufactured housing and mobile homes, in designated areas to satisfy regional housing needs.
Provide sites for a range of commercial uses, including shopping, dining, entertainment, and offices that provide a strong employment base and offer local services. Encourage the redevelopment of aging commercial centers.
Preserve and improve industrial uses that provide manufacturing employment opportunities, through infrastructure upgrades, enhanced aesthetics, and new business development strategies.
Promote the development of distinct, well -designed focus areas that are served by transit, contain a mix of commercial or civic activities, are supported by adjacent residential areas, and serve as focal points in the community.
Encourage mixed -use development within the Old Town District, TOD District and other appropriate areas.
Where feasible, increase the amount and network of public and private open space and recreational facilities for active or passive recreation as well as for visual relief.
Monitor and amend ordinances periodically to provide incentives for the development of workforce housing, affordable housing, and mixed -use multi -family housing.
Encourage the development of housing for extremely low-income households, senior housing, larger family housing, and housing for persons with special needs through incentives and code flexibility.
Create specific zoning or plans for major corridors within the City. This would include the Chapman Avenue corridor and the Placentia Avenue corridor, among other major thoroughfares.
Amend the Zoning Ordinance to provide development standards for the Mixed -Use Zoning Designation.
City of Placentia
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Compatible and High -Quality Development
Compatible, complementary and high -quality development is a key element to achieving functional, economically viable and livable communities. The provision of effectively integrated land uses will promote a more walkable environment and contribute to the reduction in infrastructure needs and traffic congestion. Future redevelopment of the Old Town area is one example of the City's desire for compatible, high -quality mixed -use development.
GOAL LU - 2 Ensure that new development is compatible with surrounding land uses, the circulation network, and existing development constraints.
Policy LU - 2.1 Where residential/commercial Mixed -Use is permitted, ensure compatible integration of adjacent uses to minimize conflicts through site planning, development standards and architectural compatibility.
Policy LU - 2.2 Develop residential and commercial design guidelines to both protect existing development and allow for future development that is attractive, compatible, and sensitive to surrounding uses.
Policy LU - 2.3 Orient land uses that create employment opportunities toward major and primary arterial streets so that activities associated with these uses will have minimal effect upon adjacent residential neighborhoods.
Policy LU - 2.4 Large, contiguous vacant or underutilized parcels should be comprehensively planned for development to be compatible with adjacent neighborhoods.
Policy LU - 2.5 Ensure a sensitive transition between commercial or business park uses and residential uses by implementing precise development standards or design guidelines with such techniques as buffering, landscaping, setbacks and traffic calming features.
Policy LU - 2.6 Require new multifamily development to provide adequate buffers (such as decorative walls and landscaped setbacks) along boundaries with single-family residential uses to reduce impacts on residences due to noise, traffic, parking, light and glare, and differences in scale; to ensure privacy; and to provide visual compatibility.
Policy LU - 2.7 Allow small lot single-family and medium -density development as infill projects and provide adequate development standards or design guidelines to ensure compatibility with surrounding residential uses.
Policy LU - 2.8 Preserve Placentia's low -density residential neighborhoods through enforcement of land use and property development standards while creating a harmonious blending of buildings and landscape when new development occurs.
Policy LU - 2.9 Reduce the number of existing isolated commercial outlets through consolidation, where appropriate, and discourage small-scale strip commercial development.
Policy LU - 2.10 Encourage non -conforming uses and buildings to be brought into compliance with City codes.
Policy LU - 2.11 Preserve neighborhood integrity by routing extraneous traffic around neighborhoods.
Policy LU - 2.12 Mitigate traffic congestion and unacceptable levels of noise, odors, dust, and light and glare which affect residential areas and sensitive receptors, when and where feasible.
Policy LU - 2.13 Monitor the impact and intensity of land uses in adjacent jurisdictions on Placentia's transportation and circulation systems, so that traffic from projects in neighboring cities can move efficiently without interfering with existing development. Impacts from these City of Placentia
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projects shall be properly assessed to mitigate any impacts to the existing Placentia mobility network.
Policy LU - 2.14 Encourage consolidation of parking and reciprocal access agreements among adjacent businesses to minimize curb cuts and disruption of traffic flow.
Policy LU - 2.15 Work with Placentia Fire and Life Safety Department (PFLSD) to ensure adequate monitoring of those uses that utilize hazardous materials to avoid industrial accidents, chemical spills, fires, and explosions.
Policy LU - 2.16 Establish and maintain recreational open space opportunities in proximity to residential areas.
Policy LU - 2.17 Encourage the development of Mixed -Use and transit -oriented development to promote a wider range of residential opportunities, to help meet the regional housing needs, and to complement the principles of the Complete Streets model.
Policy LU - 2.18 Work pro -actively with Orange County Transportation Authority (OCTA) to properly plan appropriate land uses around existing and future planned transportation projects built by OCTA.
Policy LU - 2.19 Orient the placement of developments to take advantage of views of open space or circulation greenery to enhance mental health benefits.
Policy LU - 2.20 Require adequate off-street parking for all land uses so that on street parking is not necessary on arterial streets. Ensure that off-street parking facilities are designed to be future -compatible and adaptively reusable for retail, distribution and other uses, reflecting advances in shared automobile technology and shifts toward e -commerce and new urban goods movement and delivery models.
Policy LU - 2.21 Ensure development provides adequate infrastructure improvements are provided to support new multi -family development, including on -site recreational amenities.
Revitalization of Existing Uses and Properties
As the City of Placentia approaches build -out conditions, revitalization of existing uses and properties will be necessary to accommodate new development and provide for the needs of the community. The City of Placentia understands the importance of providing incentives to encourage redevelopment and revitalization opportunities within the City.
GOAL LU - 3 Revitalize underutilized, abandoned or dilapidated commercial, industrial and residential uses and properties.
Policy LU - 3.1
Policy LU - 3.2
Policy LU - 3.3
Policy LU - 3.4
Encourage opportunities for redevelopment and improvements in the Old Town area, the TOD district, industrial areas, neighborhoods in the southern sector of the City, and commercial centers along major roadway corridors.
Support the provision of incentives for private development (as appropriate), joint public private- partnerships, and public improvements.
Provide incentives to encourage lot consolidation and parcel assemblage to provide expanded opportunities for coordinated development.
Provide rehabilitation assistance in targeted residential neighborhoods and commercial districts to eliminate code violations and enable the upgrading of residential and commercial properties.
City of Placentia
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Policy LU - 3.5 Vigorously enforce City codes, including building, safety, and housing codes, to promote property maintenance.
Policy LU - 3.6
Policy LU - 3.7
Encourage creative reuse, restoration and adaptive reuse of historical buildings.
Develop economically viable development standards and programs to facilitate adaptive reuse of historical buildings that will have a public function, thereby allowing it to become part of contemporary urban life.
Policy LU - 3.8 Make available a building facade improvement program designed to encourage economic investment and revitalization to industrial and commercial buildings by making improvements to frontages visible from the public right-of-way. By improving the physical appearance, the Old Town, central business districts and industrial sectors of the City will have a much greater potential for attracting and retaining businesses.
Protection of Natural Resources
The City understands that importance of protecting the natural environment both now and for future generations.
GOAL LU - 4 Ensure that new development minimizes the impacts on the natural environment including the natural landscape, vegetation, air and water resources.
Policy LU - 4.1 Require all new development to adhere to the standards of the Low Impact Development (LID) guidance.
Policy LU - 4.2 Require all new development to minimize impervious surfaces wherever feasible.
Policy LU - 4.3 Discourage soil compaction in landscaped areas, both existing and proposed.
Policy LU - 4.4 For citywide projects in the public right-of-way, minimize impervious surfaces wherever possible, while maintaining public safety.
Policy LU - 4.5 Require new development to preserve all mature vegetation wherever possible.
Policy LU - 4.6 Ensure that all new development adheres to the Water Quality Management best practices and approved plans beginning at the grading stage of construction.
Well Designed Places, Building, and Streetscapes
The City of Placentia understands the importance of good design, both at a larger scale in the case of urban design and at a smaller scale in the case of buildings and public spaces. All new development should be well designed and architecturally attractive.
( UJILLU-)
Policy LU - 5.1
Policy LU - 5.2
Policy LU - 5.3
Policy LU - 5.4
Improve urban design in Placentia to ensure that development is both architecturally attractive and functionally compatible and to create identifiable neighborhoods, and community areas.
Encourage development projects to utilize high quality design for architecture and site planning through the City's design review process. Create Design Guidelines for focused areas and for development Citywide.
Develop citywide visual and circulation linkages through strengthened landscaping, pedestrian lighting, and bicycle trails.
Continue established design themes of existing neighborhoods for new development in or adjacent to that neighborhood.
Ensure compatible design with sensitive building massing and proportion.
City of Placentia
RICH HERITAGE • BRIGHT FUTURE
Policy LU - 5.5 Adopt and Implement design guidelines, specific zoning, plans, and streetscape design along the Chapman Avenue Corridor, Kraemer Boulevard and Placentia Avenue Corridor to improve the overall appearance of new or redeveloped buildings, landscaped areas, streets, and parking areas.
Policy LU - 5.6 Improve roadway corridor aesthetics with implementation of a streetscape program that includes median island beautification and enhanced City entry locations.
Policy LU - 5.7 Promote exterior signage and lighting that is subdued in character and non -intrusive upon neighboring uses.
Policy LU - 5.8 Improve the quality of Placentia's multi -family neighborhoods through a) improved buffers between multi -family residences, and commercial, and business park uses; b) provision of usable private and common open space in new multi -family projects; c) increased code enforcement; and d) improved site, building, and landscape design.
Policy LU - 5.9 Review and revise, as necessary, the City's development standards and project review/approval process to improve the quality of new development and to protect the public health and safety.
GOAL LU - 6 Enhance and improve the visual image, economic vitality and infrastructure of the Old Town area, TOD, and surrounding areas, like the future Chapman corridor.
Policy LU - 6.1 Vigorously implement the Old Town Revitalization Plan, adopted in 2016, TOD, and surrounding areas. Seek grants and other funding sources to implement.
Policy LU - 6.2 Promote economic revitalization for the Old Town and TOD area through business attraction and retention activities. Programs should include consultation and participation with businesses and residents of the area.
Policy LU - 6.3 Conduct, with assistance and cooperation of area merchants, special community events to encourage cultural awareness and community participation awareness of the Old Town and TOD area.
Policy LU - 6.4 Promote new businesses, mixed used projects, and re -use of historic structures in the Old Town and TOD districts. Monitor the TOD and Old Town zoning districts to determine if any amendments would help spur new development.
Policy LU - 6.5 Implement programs and projects that contribute to funding for new infrastructure in the Old Town and TOD districts, with a focus on private development funding and other infrastructure financing tools.
Policy LU - 6.6 Focus planning and economic development efforts to spur development and infrastructure improvement on major transportation corridors, such as the future Chapman Avenue corridor.
Policy LU - 6.7 Incorporate existing established businesses into new development in the Old Town and TOD districts.
Provision of High -Quality Infrastructure and Services
The provision of high -quality infrastructure service is vital to successful land use decisions. Land use decisions rely on the proper evaluation and implementation of infrastructure including roadways, public utilities and other services that support existing and new development. The establishment of diversity in transportation choices, such as bus routes, rail, shuttles, bike lanes, and the provision of high quality, well -maintained public facilities will ensure the long-term success of land use decisions.
City of Placentia
RICH HERITAGE • BRIGHT FUTURE
Policy LU - 7.3
Policy LU - 7.4
GOAL LU- 8
.........................................................................
Policy LU - 8.1
Policy LU - 8.2
Policy LU - 8.3
Policy LU - 8.4
Policy LU - 8.5
Policy LU - 8.6
Policy LU - 8.7
GOAL LU - 9
Policy LU - 9.1
Policy LU - 9.2
Policy LU - 9.3
Ensure that public facilities and services are available to accommodate development allowed under the General Plan and Zoning Ordinance.
Encourage a wide range of accessible public facilities and community services, including fire and police protection, flood control and drainage, educational, cultural and recreational opportunities and other governmental and municipal services.
Identify public facility and service deficiencies, for example, through the Capital Improvement Program (CIP) and introduce priority projects into the City's budget process.
Coordinate and collaborate with other agencies providing public utility service to Placentia to define area -wide and regional needs, projects and responsibilities.
Coordinate the construction of all public utilities to minimize disruption of vehicular traffic and negative impacts on roadways.
Continue to diversify transportation choices in Placentia for residents and businesses.
Continue to facilitate the development of passenger -serving rail through the City, ensuring the construction of the proposed Metrolink stop to serve the Old Town area.
Identify locations for potential transportation facilities, such as parking facilities and transit stations, that serve both commuters and residents and include in future private and public redevelopment of these locations.
Identify transportation needs of senior citizens in the community and provide targeted services.
Provide all classes of bike lanes, bike paths, and bike routes throughout the city as new development or redevelopment occurs.
Consider new and innovative modes of transportation for inner city travel and for local regional travel, such as motorized bikes, scooters, ride -share, etc.
Consider providing parking management programs in commercial and residential areas where needed.
Facilitate the construction and management of a parking structure for the patrons of the Metrolink and Old Town area.
Continue to provide a high quality of public infrastructure and services.
Continue to improve the quality of public improvements through the capital budgeting process and through private development.
Continue to identify new local, State and Federal funding sources to leverage local resources.
Adopt a "Complete Streets" policy, which embodies the community's intent to plan, design, operate and maintain streets so they are safe for all users of all ages and abilities. These policies shall guide the planning, design and construction of streets to accommodate all anticipated users, including pedestrians, bicyclists, public transit users, motorists and freight vehicles.
City of Placentia
RICH HERITAGE • BRIGHT FUTURE
GOAL LU-10
Policy LU - 10.1
consumer needs of the CSUF students and faculty.
Create enhanced connectivity with California State University Fullerton (CSUF) campus community.
Derive economic benefits through the provision of retail uses oriented toward Policy LU - 10.2 In creating the aforementioned corridor plans, the City shall take into consideration the nearby Cal State University Fullerton campus community and capitalize on its proximity.
Policy LU - 10.3 Where advantageous, link future land use and circulation considerations to the CSUF campus community.
City of Placentia
The City of Placentia is proceeding with the annexation of an island of unincorporated land located within the east -northeastern portion of the City's Sphere of Influence. The area is centered on Hamer Drive north of East Palm Drive and extending north almost to Trumpet and Huggins Avenues. This area is shown on Figure 1. The annexation area is almost fully developed with single-family residences. However, in order to accommodate the existing residences, the City has agreed to allow continued Recreational Vehicle (RV) parking at the individual residences. To accommodate this unique parking characteristic within the R-1 Zone, the City is proposing to establish a new General Plan (GP) designation and Zone Classification (ZC) that will apply to solely to the Hamer Drive annexation area. The new zone classification will incorporate this RV parking authorization and will be termed the R -1 -Hamer Zone. The proposed GP/ZC change will extend City services into the approximate 76 -acre area but it would not result in any specific physical changes to the environment within the annexation area.
Therefore, after careful review, I am recommending that the City consider the adoption of a Common Sense Exemption for the proposed GP/ZC change (proposed project). I recommend that the City of Placentia find that a Common Sense Exemption (as defined in CEQA) applies to GP/ZC changes under Section 15061 (b) (3) of the State CEQA Guidelines, which states: "The activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." It is my opinion, and recommendation to the City, that this circumstance applies to the proposed project because the existing physical environment will not be modified as a result of its adoption.
Based on this review of the proposed GP/ZC change for the Hamer Drive project area and the pertinent sections of CEQA and the State CEQA Guidelines, I conclude that it does not constitute a project under CEQA and adoption of the common sense exemption and filing of a Notice of Exemption is the most appropriate determination to comply with CEQA for this action.
Thus, the City can approve the review and findings for this action and I recommend that you notice the proposed GP/ZC change as exempt from CEQA for the reasons outlined in the State CEQA Guideline sections cited above. The City needs to file a Notice of Exemption with the County Clerk for this action once the hearing is completed to initiate the 35 -day Statute of Limitations.
A copy of this exemption recommendation should be retained in City's project file to serve as verification of this evaluation and as the CEQA environmental determination record. If you have any questions, please feel free to give me a call.
Sincerely,
Tom Dodson
The City of Placentia is considering modifying its General Plan (GP) designation and Zone classification (ZC) for its R-3 (Multi -Family, HDR/R3) land use category by increasing the maximum density from 25 units to 30 units per acre. This land use designation would impact an estimated 13.4 acres in the City as candidate sites for this higher density, which would increase the total number of units under this land use category from 335 multi -family units to 402 multi- family units, or 67 units. In order to measure the potential impact of this change to the City, a review of the current Housing Stock within the City determined that the City has a current total of 17,184 dwelling units. An increase of 67 total units as a result of this GP/ZC would represent a 0.04% increase (17,251) in the number of dwelling units in the City. This change is considered a de minimus value that would have no potential to cause a significant adverse impact on the City's environment.
Therefore, after careful review of the CEQA compliance options, I am recommending that the City consider the adoption of a Common Sense Exemption for the proposed GP/ZC change (proposed project). I recommend that the City of Placentia find that a Common Sense Exemption (as defined in CEQA) applies to GP/ZC changes under Section 15061 (b) (3) of the State CEQA Guidelines, which states: "The activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." It is my opinion, and recommendation to the City, that this circumstance applies to the proposed project because there is no possibility that the City's existing physical environment will experience significant effects on its existing environment.
Based on this review of the proposed GP/ZC change (R-3 Multi -Family, HDR/R3) land use category for the City and the pertinent sections of CEQA and the State CEQA Guidelines, I conclude that it does not constitute a project under CEQA and adoption of the common sense exemption and filing of a Notice of Exemption is the most appropriate determination to comply with CEQA for this action. Thus, the City can approve the review and findings for this action and I recommend that you notice the proposed GP/ZC change as exempt from CEQA for the reasons outlined in the State CEQA Guideline sections cited above. The City needs to file a Notice of Exemption with the County Clerk for this action once the hearing is completed to initiate the 35 -day Statute of Limitations.
A copy of this exemption recommendation should be retained in City's project file to serve as verification of this evaluation and as the CEQA environmental determination record. If you have any questions, please feel free to give me a call.
Sincerely,
Tom Dodson
TO:
VIA:
FROM:
DATE:
Placentia City Council
CITY COUNCIL
CITY ADMINISTRATOR
DIRECTOR OF DEVELOPMENT SERVICES
NOVEMBER 15, 2022
AGENDA REPORT
SUBJECT: ZONING CODE AMENDMENT (ZCA) NO. 2022-04 A ZONING CODE
AMENDMENT TO AMEND THE PLACENTIA MUNICIPAL CODE (PMC)
CHAPTER 23, TO CREATE AN ADMINISTRATIVE USE PERMIT PROCESS IN
WHICH CERTAIN APPLICATIONS FOR USE PERMITS AND/OR USE PERMIT
MODIFICATIONS (INCLUDING BUT NOT LIMITED TO THOSE FOR OUTDOOR
DINING) COULD BE EVALUATED ADMINISTRATIVELY AT THE STAFF LEVEL
INSTEAD OF BEING EVALUATED BY PLANNING COMMISSION/CITY
COUNCIL
FISCAL
IMPACT: NONE
SUMMARY:
On March 15, 2022, the Temporary Citywide Outdoor Dining Program was presented to the City Council for final direction prior to the expiration of the Proclamations related to outdoor dining and the related relaxation of certain development standards. Ultimately, the City Council approved staffs recommendation to: 1) consider the creation of an administrative Use Permit (UP) process for existing businesses to expand operations outside (i.e. outdoor dining); and, 2) to extend the Temporary Outdoor Business Permit (TOBE) program through December 31, 2022; closing new applications for TOBEs after June 30, 2022; with direction to staff to return to City Council with an Administrative UP process.
RECOMMENDATION:
It is recommended that the City Council take the following actions:
1. Open the public hearing concerning Zoning Code Amendment (ZCA) No. 2022-04; and
2. Receive the Staff report, consider all Public Testimony, ask any questions of Staff, and
3. Close the public hearing; and
4. Find that approval of Zoning Code Amendment (ZCA) No. 2022-04 is exempt from environmental review and direct Staff to file a Notice of Exemption, pursuant to CEQA Section 15061(b)(3); and
2.b.
Nov 15, 2022
City Council Agenda
November 15, 2022
ZCA No. 2022-04
5. Waive full reading, by title only, and introduce for first reading, Ordinance No. O-2022-09, an Ordinance of the City Council of the City of Placentia, California, finding that approval of Zoning Code Amendment No. 2022-04 is exempt from the California Environmental Quality Act (CEQA) Pursuant To CEQA Section 15061(B)(3) and approving Zoning Code Amendment No. 2022-04 amending the Placentia Municipal Code, Title 23 of the City of Placentia to establish an Administrative Use Permit process in which certain applications for use permits may be considered administratively.
STRATEGIC PLAN STATEMENT:
This item is consistent with the City Council approved 5 -Year Strategic Goal to:
Promote Community and Economic Development, Goal 3, as this item will serve to enhance Community Development and Economic Development efforts in general as it will provide streamlined options for business to expand operations outdoors. The Administrative Use Permit process will result in an expedited, less expensive process for businesses to apply for an Administrative Use Permit Modification.
BACKGROUND:
On May 19, 2020, the City Council adopted Proclamation P-2020-03, which authorized the creation of an administrative program in response to COVID-19 to temporarily relax outdoor dining regulations and relax on -site parking requirements, and to waive related fees. Subsequently, on November 3, 2020, the City Council adopted Proclamation P-2020-06 which extended the regulations to allow businesses to operate outdoors and relax on -site parking requirements, and to waive related fees.
On June 1, 2021, City Council adopted Proclamation P-2021-01, which extended the regulations to allow businesses to operate outdoors and relax on -site parking requirements citywide (Temporary Citywide Outdoor Dining Program) and waive related fees until December 30, 2021, and also extended the Old Town Placentia Outdoor Business program for businesses located in and immediately adjacent to the 100-200 block of West Santa Fe Avenue until June 30, 2022.
City Council action on June 1, 2021 included direction to Staff to come back with analysis for a City Council policy discussion related to the Temporary Citywide Outdoor Dining Program within four to six months; and, to come back with analysis for formal City Council recommendation within nine to 12 months related to the Old Town Placentia Outdoor Business program and street closure. On November 16, 2021, City Council adopted Proclamation No. P-2021-02, extending citywide outdoor dining regulations and relaxing on -site parking requirements until March 31, 2022, and extending the 100-200 block of West Santa Fe Avenue street closure until June 30, 2022.
City Council Action March 2022
On March 15, 2022, the Temporary Citywide Outdoor Dining Program was presented to the City Council for final direction prior to the expiration of the aforementioned Proclamations related to outdoor dining and the related relaxation of certain development standards. Ultimately, the City
City Council Agenda
November 15, 2022
ZCA No. 2022-04
Council approved staffs recommendation to: 1) consider the creation of an administrative Use Permit (UP) process for existing businesses to expand operations outside (i.e. outdoor dining); and, 2) to extend the Temporary Outdoor Business Permit (TOBE) program through December 31, 2022; closing new applications for TOBEs after June 30, 2022; with direction to staff to return to City Council with an Administrative UP process.
DISCUSSION:
Use Permits, often known as "Conditional Use Permits" in other local jurisdictions, are permits that require discretionary approval from the city. These types of permits consent to a use not allowed by -right in a particular zone. As the name implies, the permit application is approved under a set of conditions. Those conditions are set forth by the jurisdiction that the land falls within.
For instance, in the City of Placentia, the Planning Commission has the authority to approve Use Permits and impose conditions of approval specific to a given land use and its site specific characteristics. However, the Planning Commission action is appealable to the City Council.
In the City of Placentia, Use Permits are required to establish any new use that the underlying Zone designates as "uses permitted subject to obtaining a Use Permit". This is the case in most commercial and some manufacturing zones, and generally applies to uses including, but not limited to: churches, drive-thru businesses, for the sale of alcoholic beverages, large outdoor dining areas, and outdoor sales areas. Pursuant to the Placentia Municipal Code (PMC), Chapter
23.87 regulates Use Permits and sets forth the procedures for evaluating Use Permits.
Draft Ordinance Language Related to Administrative Use Permits Pursuant to City Council direction, Staff is proposing an amendment to the PMC to allow for a Use Permit Modification process for businesses that currently have a Use Permit to be evaluated administratively. This would only apply to businesses that are deemed to have a valid Use Permit or are operating as a fully permitted use that is now permitted subject to a Use Permit. For example, a restaurant requires a Use Permit to sell beer and wine. If the restaurant now wants to establish tables outside and serve beer and wine outside, they must apply for a Use Permit Modification that is evaluated by Planning Commission.
The Administrative Use Permit process would provide parameters for the Director of Development Services to evaluate the request and approve it administratively with conditions of approval as if it went to Planning Commission. This is a tool commonly used in other cities, to approve more minor modifications to approved uses, or to approve those "minor" uses allowed by a Use Permit.
Staff is proposing amending portions of the PMC, including amendments to Chapter 23.87 to codify this procedure. Although not codified, standards for outdoor seating areas and outdoor business operations shall be complied with as a condition of the Administrative Use Permit. These standards and policy guidelines will be on file in the Development Services Department, Planning Division. Chapter 23.81.165 already includes certain provisions for outdoor seating areas and the policy guidelines on file will build upon those.
City Council Agenda
November 15, 2022
ZCA No. 2022-04
Fees
There are existing fees that became effective July 1, 2023 related to Administrative Use Permit applications based upon previous City Council action. This was done in advance to prepare for codifying the Administrative Use Permit process. This will result in an Administrative Use Permit fee that is significantly less expensive than a Use Permit Modification that must be evaluated by the Planning Commission. This was the intention of City Council, to create an expedited, less expensive process for existing business with Use Permits to apply for an Administrative Use Permit Modification.
CEQA:
In accordance with the California Environmental Quality Act (CEQA) and State and local Environmental Guidelines, Staff and the City of Placentia Planning Commission recommend that City Council adopt a Common Sense Exemption pursuant to Section 15061 (b)(3) of the State CEQA Guidelines in that the proposed project (Zoning Code Amendment) will not result in changes to the existing physical environment, and the physical environment will not be modified as a result of its adoption. Upon City Council adoption of a finding of a Common Sense exemption, a Notice of Exemption will be filed.
Recommending Body Determination
On November 8, 2022, the Planning Commission conducted a Public Hearing regarding Zoning Code Amendment (ZCA) No. 2022-04 and recommended approval of the Staff recommended actions to City Council. It should also be noted that as of November 8, 2022, Staff has received no letters in support or opposition to the ZCA. However, Staff has been in communication with several businesses eager to utilize an Administrative Use Permit process.
Prepared by:
Josh M. Lambe
Director of Development Services
Reviewed and approved:
D rrula
City Administrator
Attachments:
1. Ordinance No. O-2022-09
Exhibit A: Ordinance Language Establishing Regulations for Administrative Use Permits
2. Examples of Outdoor Business Operating and Design Standards
ORDINANCE NO. O-2022-09
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA, FINDING THAT APPROVAL OF
ZONING CODE AMENDMENT (ZCA) NO. 2022-04 IS EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) PURSUANT TO CEQA SECTION 15061(B)(3) AND
APPROVING ZONING CODE AMENDMENT NO. 2022-04
AMENDING THE PLACENTIA MUNICIPAL CODE, TITLE 23 OF
THE CITY OF PLACENTIA TO ESTABLISH AN
ADMINISTRATIVE USE PERMIT PROCESS IN WHICH
CERTAIN APPLICATIONS FOR USE PERMITS MAY BE
CONSIDERED ADMINISTRATIVELY
City Attorney's Summary
This Ordinance would result in an amendment to Title 23 of the Placentia Municipal Code to establish an Administrative Use Permit process in which certain applications for use permits may be considered administratively. The Administrative Use Permit process would provide parameters for the Director of Development Services to evaluate certain Use Permit Modification requests administratively.
WHEREAS, the City of Placentia wishes to amend Chapter 23.87 and Chapter
23.81.165 of the Placentia Municipal Code (PMC) to establish an Administrative Use Permit process in which certain applications for use permits may be considered administratively; and
WHEREAS, on November 8, 2022, the Planning Commission of the City of Placentia conducted, and concluded a duly public hearing, as required by law, to review and take action on Zoning Code Amendment (ZCA) No. 2022-04, at which time it considered all evidence presented, whether written or oral. The Planning Commission recommended that the City Council of the City of Placentia adopt a "Common Sense" exemption under Section 15061 (b)(3) of the State CEQA Guidelines and the City of Placentia Environmental Guidelines regarding Zoning Code Amendment (ZCA) No. 2022-04 to establish an Administrative Use Permit process in which certain applications for use permits may be considered administratively; and WHEREAS, on November 15, 2022, the City Council of the City of Placentia conducted, and concluded a duly public hearing, as required by law, to review and take action on Zoning Code Amendment (ZCA) No. 2022-04, at which time it considered all evidence presented, whether written or oral; and
WHEREAS, the City of Placentia provided notice of the City Council's public hearing in accordance with California Government Code Section 65090 and the City of Placentia Municipal Code Section 23.96.030; and
Ordinance O-2022-09
WHEREAS, all other prerequisites to the adoption of this Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF PLACENTIA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. In all respects as set forth in the Recitals of this Ordinance.
SECTION 2. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one (1) or more subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, or invalid, or ineffective, provided the basic purposes of this Ordinance and the benefits to the City and the public are not substantially impaired.
SECTION 3. CEQA. The City Council certifies that the City has complied with all requirements of the California Environmental Quality Act and the City of Placentia Environmental Guidelines as codified in Title 14 of the California Code of Regulations ("CCR") Section 15000 et. seq., Public Resources Code Section 21000 et. seq. and the City of Placentia Environmental Guidelines, and the City Council finds as follows:
Regarding project no. Zoning Code Amendment (ZCA) No. 2022-04, in accordance with the California Environmental Quality Act (CEQA) and State and local Environmental Guidelines, the City of Placentia City Council hereby adopts a Statutory Exemption from CEQA pursuant to the "Common Sense" exemption under Section 15061 (b)(3) of the State CEQA Guidelines, which states: "A project is exempt from CEQA if: the activity is covered by the Common Sense exemption that CEQA applies only to projects which have the potential for causing significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." SECTION 4. The City Council hereby approves Zoning Code Amendment (ZCA) No. 2022-04 amending the text of a portion of Title 23 of the Placentia Municipal Code as follows:
a. Approve an amendment to the Official Zoning Code, Title 23 of the Placentia Municipal Code of the City of Placentia, attached hereto as Exhibit "A" (Zoning Code Amendment 2022-04) and incorporated herein by this reference, whereby development standards and regulatory requirements in Title 23 ("Zoning") of the Placentia Municipal Code would be amended to refine the city's development standards as they relate to Use Permits.
Ordinance O-2022-09
SECTION 5. The City Council finds, in accordance with the requirements of Chapter 23.96 ("Amendments") of the Placentia Municipal Code, that the proposed amendments to the Municipal Code will not be detrimental to the health, safety or general welfare of the persons residing or working within the city, and that it will not be injurious to property or improvements within the city. The City Council also finds that the amendment is consistent with the latest adopted General Plan.
SECTION 6. Effective Date. This Ordinance shall take effect on the 31st day after adoption.
SECTION 7. Certification. The City Clerk shall certify the passage of this ordinance and shall cause the same to be entered in the book of original ordinances of said City; shall make a minute passage and adoption thereof in the records of the meeting at which time the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published as required by law, in a publication of general circulation.
INTRODUCED at a regular meeting of the City Council of the City of Placentia held on November 15th, 2022.
PASSED, APPROVED AND ADOPTED this 6th day of December 2022.
Rhonda Shader, Mayor
ATTEST:
Robert S. McKinnell, City Clerk
I, Robert S. McKinnell, City Clerk of the City of Placentia, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Placentia, held on the 15th day of November 2022, and adopted at a regular meeting of the City Council of the City of Placentia, held on the 6th day of December 2022 by the following vote:
AYES:
NOES:
ABSENT:
Councilmembers:
Councilmembers:
Councilmembers:
Ordinance O-2022-09
ABSTAINED: Councilmembers:
ATTEST:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
Attachments:
Exhibit A: Ordinance language amending Chapter 23.87 (Zoning Code Amendment 2022-04) establishing regulations for Administrative Use Permits Ordinance O-2022-09
EXHIBIT "A"
ORDINANCE LANGUAGE AMENDING CHAPTER 23.87
(ZONING CODE AMENDMENT 2022-04) ESTABLISHING
REGULATIONS FOR ADMINISTRATIVE USE PERMITS
Ordinance O-2022-09
"23.87.100 Administrative Use Permit Modification Intent.
The intent of this Section is to provide a process for certain minor Use Permit Modifications to be evaluated by the Director of Development Services or designee, ensuring that said Use Permit Modifications are compatible with surrounding land uses and businesses, and are consistent with the goals and ob'ectives of the General Plan. Further, a Use Permit Modification process may be utilized for qualifying uses under Section
23.87.110 that are already established, and seek to expand operations to an outdoor space, or to request a minor modification to the established conditions of approval pursuant to Section 23.87.120.
23.87.110 Administrative Use Permit Modification Applicability.
The Administrative Use Permit process shall apply in the following instances:
Lli
gi
Shall apply to restaurants, eating places, and other establishments that serve food and/or beverages which are also consistent with Section 23.87.110(3) or
23.87.110 (4;
Shall apply to uses with a need to locate a portion of their indoor operations outside on the same property as a given use or onto ad'acent public property with a valid encroachment permit, e.g. a fitness center that would like to offer limited outdoor operations. Said uses must also be consistent with Section
23.87.110'3) or 23.87.110 4).
(3) Shall apply to uses or businesses that are deemed to have a valid Use Permit that seek a Use Permit Modification.
Shall apply to existing uses or businesses that are currently permitted by the PMC sub'ect to a Use Permit, and said use or business is found to be a legally established use and is legally permitted to operate and is in good standing with the City of Placentia licensing requirements, i.e. uses or business that were established prior to a the requirement of a Use Permit.
Any eligible use or business applying for outdoor operations utilizing the Administrative Use Permit process are only eligible to locate a portion of their indoor operations outside on the same property as a given use or onto ad'acent public property with a valid encroachment permit.
23.87.120 Administrative Use Permit Modification Criteria.
Only the applicable uses listed in Section 23.87.110 may utilize the Administrative Use Permit Modification in lieu of a Use Permit application reviewed by the Planning Commission for any of the minor operational changes listed in this section:
(a) Any change which does not constitute, either individually or cumulatively, a ma'or chanqe in operational characteristics.
Ordinance O-2022-09
(b) Minor changes to floor and seating plans which do not result in a substantial increase in seating occupancy, as determined by the Director of Development Services.
(c) The introduction of valet parking.
(d) Eligible uses applying for outdoor operations locating a portion of their indoor operations outside on the same property as a given use or onto ad'acent public property with a valid encroachment permit.
(e) A reduction in required parking in con'unction with eligible uses applying for outdoor operations may also apply to reduce the rec uired onsite barking up to 25%.
(f)
Standards for outdoor seating areas and outdoor business operations shall be complied with as a condition of the use permit and/or Administrative Use Permit Modification. These standards and policy guidelines are on file in the Planning Division of the Development Services Department.
23.87.130 Administrative Use Permit Application.
Application for Administrative use permits shall be made in writing by owners of the property, or lessee, purchase in escrow or by owner's authorized representative with the consent of the owner, on a form prescribed by the City of Placentia. The application shall be accompanied by:
1) Ten ;10) sets of a site plan and supporting plans drawn to scale, showing the location of property, boundaries and improvements proposed, all dimensioned to the satisfaction of the Director of Development Services or designee. 2) The fee established by city council resolution.
(3) A list of all property owners within three hundred (300) feet of the exterior boundary lines of the property involved in the application as certified by a title insurance company authorized to do business in Orange County, California. Such list shall be typed in duplicate upon gummed labels ready for mailing, and shall be accompanied by a location map.
23.87.140 Administrative Use Permit Modification Procedure for Review. (1) An Administrative Use Permit Modification shall be reviewed and acted upon by the Director of Development Services or designee pursuant to the findings set forth in Section 23.87.40.
(2) At least ten calendar days prior to the Decision of the Director of Development Services, notice of the proposal shall be mailed to the applicant, owner and situs of property within three hundred '300; feet of the boundaries of the site, as shown on the last equalized assessment roll or, alternatively, from such other records as Ordinance O-2022-09
contain more recent addresses. At least ten calendar days orior to the oublic hearing, a notice of the hearing shall be posted at the pro'ect site in clear public view.
(3) The application may be approved with conditions or denied. Approvals shall be sub'ect to the operational standards contained within Chapter 23.87, and those conditions the Director of Development Services, or designee finds necessary to ensure compatibility with the surrounding area and the General Plan. (4) Decisions of the Director of Development Services, or designee shall be final, unless appealed to the Planning Commission, utilizing the provisions and procedures outlined in Section 23.87.040. The Planning Commission action may also be appealed to City Council pursuant to the provisions of Section 23.87.050.
All appeals must be accompanied by a fee established by city council resolution.
23.87.150 Administrative Use Permit Modification Generally.
The provisions detailed in Sections 23.87.010, 23.87.060, 23.87.070, 23.87.080 shall also apply to Administrative Use Permits and Administrative Use Permit Modifications. All applications shall also comply with and be consistent with Section
23.81.165."
Ordinance O-2022-09
Design Guidelines
(EXAMPLE) PROPOSED OUTDOOR SERVICES SITE PLAN
TENANT UNIT
SUBJECT BUSINESS
WALKWAY
ACCESSIBLE
PARKING
PROHIBITED FOR
SEATING AREA
c�.
PROVIDE
ACCLSSWSLE
ROD TE TO
ARIA IAN.
ad' WIDE
THAT
MEETS
REQUIRE D
SLOPING
INSERT SERVICE AREA LENGTH
WALKWAY
INSERT DINING AREA DEPTH
BUSINESS NAME
ADDRESS
UNIT (IF APPLICABLE)
TENANT AREA (SQ FT)
OUTDOOR SERVICES
INFORMATION
AREA OF OUTDOOR
SERVICE (SQ FT)
SURFACE MATERIALS
COVERED (YES/NO)
NO. OF TABLES/SEATS
BARRIER TYPE
HOURS OF OPERATION
Visuchirvng Outdoor Dining
Below is an example of what a typical outdoor dining area xr,ould look like the key features identified:
C if a 1r\ -e vy
Restaurant
City of Claremont
207 Harvard Avenue
Claremont, CA 91711-0880
(909)399-5465
REQUIREMENTS
EXHIBIT C
SITE PLAN
The initial site plan must show the existing street, sidewalk environment, the proposed parklet footprint and all street and sidewalk elements at least 20 feet on either side of the proposed location. Site plans must be drawn to scale and may be hand drawn, as long as it is legible and includes the following elements.
❑ Your building and adjacent properties (include addresses) and their building entrances
❑ Existing sidewalk width(s)
❑ Existing curb cuts and driveways
❑ Adjacent bicycle lane or auto traffic lane
❑ Existing parking spaces with dimensions
❑ Other existing sidewalk features near the proposed parklet area (e.g. fire hydrants, streetlights planters, bicycle racks, etc.)
❑ Existing utility valves and panels in the street and on the sidewalk ❑ All color curb zones (red, yellow, green, white and blue) ❑ Existing street trees and tree pits
❑ Proposed parklet footprint and dimensions
❑ Parklet setback dimensions (4 feet from adjacent parking spaces and 1 foot from adjacent bicycle lane or auto traffic lane)
Neighbor
]BUSINESSNAME]
[ADDRESS]
E
"1 DIKERAC}:5
AI
20 SAMPLE SITE PLAN
ParkletAppli[ant
[BUSINESS NAME]
[ADDRESS]
39'
N _
Neighbor
IBUSIN ESS NAME]
[ADDRESS]
i l l
SIDEWALK
Proposed Parklet Location
3{Yx6'
›IC
ROADWAY
• ' I
STREETLI()}TI
20'
City of Claremont
207 Harvard Avenue
Claremont, CA 91711-0880
(909)399-5465
Standards Applied for Sidewalk Use
EXHIBIT E
TO:
VIA:
FROM:
DATE:
SUBJECT:
FISCAL
IMPACT:
SUMMARY:
Placentia City Council
AGENDA REPORT
CITY COUNCIL
CITY ADMINISTRATOR
DIRECTOR OF DEVELOPMENT SERVICES
NOVEMBER 15, 2022
PUBLIC HEARING TO CONSIDER ADOPTION OF AN UPDATED LIBRARY
IMPACT FEE PROGRAM ON BEHALF OF THE PLACENTIA LIBRARY DISTRICT These Development Impact Fees are established for cost recovery or statutory purposes only, and any fees collected will be utilized by the Placentia Library District, not the City of Placentia. There is no fiscal impact to the City associated with the recommended actions in that any collected fee will be utilized by the Placentia Library District. The adoption of revised development impact fees for the Library District will not have an immediate impact on revenues to the Library District until effective 60 days subsequent to adoption. This update essentially adjusts and adopts the fees on behalf of the Library District.
As a Special District as defined by the State of California, the Placentia Library District must rely upon the local jurisdiction (City of Placentia) having authority to impose Development Impact Fees (DIFs). On August 15, 2022, the Placentia Library District adopted an Impact Fee Nexus Study and also adopted updated Impact fees. For those fees to become effective, the City of Placentia must adopt the updated Impact fees on behalf of the Library District.
RECOMMENDATION:
It is recommended that the City Council take the following actions:
1. Open the public hearing concerning the Updated Library Impact Fees; and
2. Receive the staff report, consider all public testimony, ask questions of Staff; and
3. Close the public hearing; and
4. Find that the recommended actions are exempt from environmental review and direct Staff to file a Notice of Exemption, pursuant 'to CEQA Section 15061(b)(3) of the CEQA Guidelines, Section 21065 of the Public Resources Code, and the City of Placentia Local Guidelines for implementing CEQA; and
2.c.
Nov 15, 2022
City Council Agenda
November 15, 2022
Library District Impact Fees
5. Waive full reading, by title only, and introduce for first reading, Ordinance No. O-2022-10, an Ordinance of the City Council of the City of Placentia, California, finding that establishing Placentia Library District impact fees is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Section 15061(B)(3) and, approving a Library Development Impact Fee Nexus Study Report, and amending Chapter 5.02 (Citywide Development Impact Fees) of the Placentia Municipal Code adding a new Section 5.02.190 to establish a Library Development Impact Fee Program and adopting necessary findings for the establishment of the Library Development Impact Fees to financially mitigate impacts to Library facilities; and
6. Adopt Resolution No. R-2022-79, a Resolution of the City Council of the City of Placentia, California, finding that approval of Placentia Library District impact fees is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Section 15061(b)(3) and, approving the Placentia Library District Development Impact Fees to finance mitigation of impacts to Library facilities; and
7. Approve and authorize the City Administrator to sign and execute the Agreement for collection of Library Impact Fees between the City of Placentia and the Placentia Library District.
STRATEGIC PLAN STATEMENT:
This item is consistent with the City Council approved 5 -Year Strategic Goal to:
Improve City Governance, Goal 8, as this item will serve to help the Placentia Library District update its existing Impact Fee Program which cannot be accomplished without City cooperation.
As such, assisting the Library in modernizing and updating their Impact Fee program will enhance City Governance by furthering the partnership with the Placentia Library District.
BACKGROUND:
Development impact fees are a commonly used method of collecting a proportional share of funds from new development for infrastructure improvements and/or other public facilities. With rare exceptions, development impact fees are one-time funds restricted to funding capital costs for new facilities and are not used for annual operations and/or maintenance. Impact fees may only be imposed on new development, and the fee proceeds must be expended on improvements needed as a result of the new development.
Pursuant to the Mitigation Fee Act ("Act"), California Government Code Section 66000, et seq. (also known as AB 1600), adoption of development impact fees requires a Nexus Study to establish the legal and policy basis for imposing the fee. A Nexus Study demonstrates the reasonable relationship between new development, the amount of the fee, and the type of capital improvements projects which may be funded by the fee. More specifically, a Nexus Study presents certain findings to meet the procedural requirements of the Act, which are as follows:
City Council Agenda
November 15, 2022
Library District Impact Fees
1. Identify the purpose of the fee.
2. Identify the use to which the fee is to be put.
3. Determine how there is a reasonable relationship between the fee's use and the type of development project on which the fee is imposed ("benefit relationship").
4. Determine how there is a reasonable relationship between the need for the facilities and the type of development project on which the fee is imposed ("impact relationship").
5. Determine how there is a reasonable relationship between the amount of the fee and the cost of the facilities or portion of the facilities attributable to the development on which the fee is imposed ("proportional relationship").
While cities and counties receive their taxing authority from the State Legislature under Article XIII, Section 24, they can impose DIFs pursuant to their police power without the necessity of authority from the Legislature. However, special districts (such as the Placentia Library District) have no such police power. They must rely on cities and counties to impose DIFs or other statutory authority, such as SB 50, which grants school districts authority to impose DIFs with specific requirements and restrictions. Special districts may consider and adopt development impact fees programs, but only public agencies with land use authority (such as cities and counties) may adopt and collect such fees. As such, in most instances, a special district will need to work with cities or counties that have land use authority over the territories of the special district.
On August 15, 2022, the Board of Trustees of the Placentia Library District adopted a Resolution approving the Placentia Library District Impact Fee Nexus Study Update and also requesting that the Placentia City Council implement the updated Library Impact Fee Program on behalf of the District. Pursuant to State law, for the updated fees to become effective, the City of Placentia must adopt the updated Impact fees on behalf of the Library District. Staff has prepared an Ordinance (attached) which will codify the Placentia Library District Development Impact Fees 31 days after adoption and provide proper authority to impose such fees 60 days after the attached fee Resolution is adopted by City Council.
DISCUSSION:
In 2008, the District prepared a Nexus Study establishing the District's current library impact fee program. This year, the District prepared a Library Impact Fee Nexus Study Update ("Nexus Study Update") to establish the legal and policy basis for the collection of updated library impact fees. (Attachment 1) The Nexus Study Update also outlines the procedural requirements for approval of the Nexus Study Update and the updated library impact fees by the Board of Trustees and later adoption by the Placentia City Council. Also, the Nexus Study Update summarizes the specific requirements for the annual administration of the fee program. The figure below summarizes the District's current and updated library impact fees.
City Council Agenda
November 15, 2022
Library District Impact Fees
Summary of Current and Updated Library Impact Fees
Land Use Category
Calc
Single -Family Detached Housing 2
Single -Family Attached Housing 2
Multi -Family Housing
Mobile Home 2
Accessory Dwelling Unite
Retail / Commercial
Office
Industrial
Unit 1
BSQFT
BSQFT
BSQFT
BSQFT
BSQFT
BSQFT
BSQFT
BSQFT
Current
Library Impact
Fee (2008)
a
$0.92
$0.92
$1.12
$0.92
$0.10
$0.14
$0.07
Maximum
Library
Impact Fee
(2022)
b
$0.72
$1.08
$1.81
$1.08
See Note 4
$0.12
$0.17
$0.08
$ Change Change
c=a -b d=c/a-1
($0.20) -21.7%
$0.16 17.4%
$0.69 61.6%
$0.16 17.4%
$0.02 20.0%
$0.03 21.4%
$0.01 14.3%
N otes:
BSQFT means living area square feet or building square feet 2 New residential impact fee category.
3 Accessory dwelling units ("ADU s") 750 square feet or less in size are exempt All other ADUs shall be imposed the effective fee of the existing land use category of the parcel upon which the ADU is constructed.
FISCAL IMPACT:
These Development Impact Fees are established for cost recovery or statutory purposes only, and any fees collected will be utilized by the Placentia Library District, not the City of Placentia.
There is no fiscal impact to the City associated with the recommended actions in that any collected fee will be utilized by the Placentia Library District. The adoption of revised development impact fees for the Library District will not have an immediate impact on revenues to the Library District until effective 60 days subsequent to adoption. This update essentially adjusts and adopts the fees on behalf of the Library District.
CEQA:
In accordance with the California Environmental Quality Act (CEQA) and State and local Environmental Guidelines, Staff recommends that City Council adopt a Common Sense Exemption pursuant to Section 15061 (b)(3) of the State CEQA Guidelines in that the proposed project (adoption of updated Impact Fees on behalf of the Library District) will not result in changes to the existing physical environment, and the physical environment will not be modified as a result of its adoption. Upon City Council adoption of a finding of a Common Sense exemption, a Notice of Exemption will be filed.
City Council Agenda
November 15, 2022
Library District Impact Fees
Prepared by:
Reviewed and approved:
Jose M. L err —C7 Jennifer ampman
Director of Development Services Director of Finance
Reviewed and approved:
Damien R. Arrula
City Administrator
Attachments:
1. Ordinance No. O-2022-10 - approving a Library Development Impact Fee Nexus Study Report, and amending Chapter 5.02 of the Placentia Municipal Code a. Exhibit A. Placentia Library District Library Development Impact Fee Nexus Study Update
b. Proposed PMC Section 5.02.190 establishing Library Development Impact Fees
2. Resolution No. R-2022-79 approving the Placentia Library District Development Impact Fees
3. Agreement for collection of Library Impact Fees between the City of Placentia and the Placentia Library District
a. Placentia Library District Board of Trustees Resolution No. 2022-05
ORDINANCE NO. O-2022-10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLACENTIA,
CALIFORNIA, FINDING THAT ESTABLISHING PLACENTIA LIBRARY
DISTRICT IMPACT FEES IS EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA
SECTION 15061(B)(3) AND, APPROVING A LIBRARY DEVELOPMENT IMPACT FEE NEXUS STUDY REPORT, AND AMENDING CHAPTER 5.02 (CITYWIDE DEVELOPMENT IMPACT FEES) OF THE PLACENTIA
MUNICIPAL CODE ADDING A NEW SECTION 5.02.190 TO ESTABLISH
A LIBRARY DEVELOPMENT IMPACT FEE PROGRAM AND ADOPTING
NECESSARY FINDINGS FOR THE ESTABLISHMENT OF THE LIBRARY
DEVELOPMENT IMPACT FEES TO FINANCIALLY MITIGATE IMPACTS
TO LIBRARY FACILITIES
City Attorney Summary
This Ordinance would add Section 5.02.190 to the City of Placentia Municipal Code establishing a Citywide library development impact fees for new development to finance measures that mitigate impacts to library facilities. This Ordinance is being adopted in furtherance of the Placentia Library District's Resolution Number 2022-05 adopting a nexus study and establishing a library impact fee for new development for the purpose of funding the cost of new or expanded libraries.
A. RECITALS
WHEREAS, Board of Trustees of the Placentia Library District ("District") determined that current library facilities will not be adequate for future population growth; WHEREAS, pursuant to the Mitigation Fee Act the District, in conjunction with the City of Placentia ("City"), is empowered to impose fees and other exactions to provide necessary public facilities required to mitigate the negative effects of new development in the District's territory;
WHEREAS, the proposed fees are based upon the information contained in a document prepared by SCI Consulting Group dated July 2022, Final Report v1.2 ("Nexus Study") that provides all information necessary to meet the requirements of California Government Code Section 66000 et al.;
WHEREAS, a copy of the Nexus Study is on file in the City Clerk's office and has been made available for public review in accordance with state law, as more fully described below;
WHEREAS, the Nexus Study complies with Mitigation Fee Act by establishing the basis for the imposition of fees in new development and in particular:
1 1. Identifies the purpose of the proposed fees;
2. Identifies the use to which the fees will be put;
3. Demonstrates a reasonable relationship between the fees' use and the types of projects on which the fees are imposed;
4. Demonstrates a reasonable relationship between the need for the public facilities and the types of developments on which the fees are imposed; and
5. Demonstrates a reasonable relationship between the amount of the fees and the cost of the public facilities or portions of the facilities attributable to the developments on which the fees are imposed; WHEREAS, the levying of a library development impact fees has been reviewed by staff in accordance with the California Environmental Quality Act ("CEQA") and the CEQA Guidelines and the City of Placentia Local Guidelines for implementing CEQA and it has been determined that the adoption of this Ordinance is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines, Section 21065 of the Public Resources Code and the City of Placentia Local Guidelines for implementing CEQA; WHEREAS, the City has: 1) made available to the public, at least thirty (30) days prior to its public hearing, data indicating the estimated cost required to provide the facilities and infrastructure for which these development fees are levied and the revenue sources anticipated to provide those facilities and infrastructure; 2) mailed notice at least fourteen (14) days prior to this meeting to all interested parties who have requested notice of new or increased development fees; and 3) held a duly noticed, regularly scheduled public hearing on November 1, 2022, at which time oral and written testimony was received regarding the proposed fees; and
WHEREAS, the City Council has reviewed and considered the staff report, the Development Impact Fee Nexus Study Report, and all oral and written testimony.
B. ORDINANCE
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
Section 1. The City Council of the City of Placentia hereby approves and adopts the Placentia Library District Library Impact Fee Nexus Study Update dated July 2022. This document is attached hereto as Exhibit "A" and is hereby incorporated by this reference.
Section 2. The City Council of the City of Placentia hereby adopts the findings set forth below, the findings and facts contained in the Nexus Study (Exhibit A) and the findings contained in Section 5.02.190 and Placentia Municipal Code, as reflected in the attached Exhibit "B". The City Council of the City of Placentia does hereby find:
2 a. The library impact fees justified by the Nexus Study are for the purpose of funding the cost of new or expanded library facilities to meet the needs of the resident population and nonresident employees generated by new development in the City within the District's jurisdiction.
b. The library impact fees justified by the Nexus Study will be used to fund the cost of new or expanded library facilities and administrative costs associated with the library impact fee program.
c. The uses of the library impact fees justified by the Nexus Study are reasonably related to the types of development projects on which the fees are imposed in that fee revenue will be used to fund new and expanded library facilities to meet the additional demand generated by the residents of the City and employees created by new development. Fee revenue will be deposited into a separate library impact fee account or fund in a manner to avoid any commingling of the fees with other revenues and funds. The fee revenue will be restricted to the allowable uses described in Nexus Study. These actions ensure that a new development project paying the library impact fee will benefit from its use.
d. The library impact fees justified by the Nexus Study bear a reasonable relationship to the need for library facilities in that each new development project will generate additional need for library services and the associated need for library facilities.
The need is defined by the District's existing level of service standards for such facilities. e. The Nexus Study demonstrates that there is a reasonable relationship between the amount of the library impact fee and the cost of library facilities attributable to the development on which the fee is imposed. For residential library impact fees, library facility costs are defined on a per capita basis and applied to residential land use categories according to their respective average household size. For nonresidential library impact fees, costs are defined on a per employee basis based on a residential equivalent factor and nonresident employee factor and then applied to nonresidential land use categories according to their respective average employment density.
Section 3. Chapter 5.02 (Citywide Development Impact Fees) is hereby amended with the addition of Section 5.02.190 to the Placentia Municipal Code as shown on Exhibit "B" attached hereto and incorporated herein by this reference.
Section 4. Any provision of the Placentia Municipal Code or appendices thereto inconsistent with the provisions of the Ordinance, to the extent of such inconsistencies and no further, are repealed or modified to that extent necessary to affect the provisions of this Ordinance.
Section 5. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Placentia hereby declares that it 3 would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
Section 6. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.
INTRODUCED at a regular meeting of the City Council of the City of Placentia held on November 15th, 2022.
PASSED, APPROVED AND ADOPTED this 6th day of December 2022.
Rhonda Shader, Mayor
ATTEST:
Robert S. McKinnell, City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE
I, Robert S. McKinnell, City Clerk of the City of Placentia, do hereby certify that the foregoing Ordinance was adopted at a regular meeting of the City Council of the City of Placentia held on the 6th day of December 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
APPROVED AS TO FORM:
Christian L. Bettenhausen
Robert S. McKinnell, City Clerk
EXHIBIT "A"
(Placentia Library District Library Development
4 Impact Fee Nexus Study Update)
5 PLACENTIA LIBRARY DISTRICT
LIBRARY IMPACT FEE NEXUS STUDY UPDATE
JULY 2022
FINAL REPORT v1.2
PREPARED FOR:
BOARD OF TRUSTEES
PLACENTIA LIBRARY DISTRICT
AND
CITY COUNCIL
CITY OF PLACENTIA
PREPARED BY:
iConsultingGroup
4745 MANGLES BOULEVARD
FAIRFIELD, CALIFORNIA 94534
PHONE 707.430.4300
www.sci-cg.com
PAGE ii
(THIS PAGE INTENTIONALLY LEFT BLANK)
PAGE I I I
PLACENTIA LIBRARY DISTRICT
BOARD OF TRUSTEES
Jo -Anne Martin, President
Gayle Carline, Secretary
Stephanie Beverage, Trustee
Sherri Dahl, Trustee
Scott Nelson, Trustee
LIBRARY DIRECTOR
Jeanette Contreras
ASSISTANT LIBRARY DIRECTOR
Yesenia Baltierra
BUSINESS MANAGER
Fernando Maldonado
IMPACT FEE CONSULTANT
Blair Aas, SCI Consulting Group
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ACKNOWLEDGMENTS
This Library Impact Fee Nexus Study was prepared by SCI Consulting Group ("SCI") under contract with the Placentia Library District. The work was accomplished under the general direction of Jeanette Contreras, Library Director for the District.
We would like to acknowledge the special efforts made by individuals and organizations to this project:
Yesenia Baltierra, Placentia Library District
Fernando Maldonado, Placentia Library District
Joe Lambert, City of Placentia
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TABLE OF CONTENTS
EXECUTIVE SUMMARY 1
INTRODUCTION 1
METHODOLOGY / APPROACH 2
SUMMARY OF KEY FINDINGS 3
SUMMARY OF KEY RECOMMENDATIONS 5
LIBRARY PER CAPITA COST DETERMINATION 6
POPULATION PROJECTION 6
EXISTING LIBRARY FACILITIES 7
UNIT COSTS 7
PER CAPITA COST 8
RESIDENTIAL LIBRARY IMPACT FEE DETERMINATION 9
RESIDENTIAL LAND USE CATEGORIES 9
DWELLING UNIT OCCUPANCY FACTOR 10
RESIDENTIAL LIBRARY IMPACT FEE DETERMINATION 11
NEXUS FINDINGS FOR RESIDENTIAL LIBRARY IMPACT FEE 12
NONRESIDENTIAL LIBRARY IMPACT FEE DETERMINATION 14
RESIDENTIAL EQUIVALENT FACTOR 14
NONRESIDENT EMPLOYEE FACTOR 14
COST PER EMPLOYEE 15
NONRESIDENTIAL LAND USE CATEGORIES 15
NONRESIDENTIAL LIBRARY IMPACT FEE DETERMINATION 16
NEXUS FINDINGS FOR NONRESIDENTIAL LIBRARY IMPACT FEE 17 PROJECTED LIBRARY IMPACT FEE REVENUE 19
COMPARISON OF CURRENT AND MAXIMUM LIBRARY IMPACT FEE REVENUE 20 FEE PROGRAM ADOPTION REQUIREMENTS 21
FEE PROGRAM ADMINISTRATION REQUIREMENTS 23
ACCOUNTING REQUIREMENTS 23
REPORTING REQUIREMENTS 23
TRANSPARENCY REQUIREMENTS 24
ANNUAL INFLATIONARY ADJUSTMENT 25
FEE EXEMPTIONS 25
FEE CREDITS 25
NEXUS STUDY UPDATES 25
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LIST OF FIGURES
FIGURE 1 - CURRENT LIBRARY IMPACT FEE SCHEDULE (EFFECTIVE 2008) 3 FIGURE 2 - MAXIMUM LIBRARY IMPACT FEE SCHEDULE (2022) 4 FIGURE 3 - CURRENT AND PROJECTED DISTRICT POPULATION 6
FIGURE 4 - EXISTING LIBRARY FACILITIES 7
FIGURE 5 - UNIT COSTS 7
FIGURE 6 - PER CAPITA COST 8
FIGURE 7 - DWELLING UNIT OCCUPANCY FACTOR 10
FIGURE 8 - MAXIMUM RESIDENTIAL LIBRARY IMPACT FEE 11
FIGURE 9 - SUMMARY OF ALLOWABLE AND PROHIBITED USES OF FEE REVENUE 12 FIGURE 10 - NONRESIDENT EMPLOYEE FACTOR 14
FIGURE 11 - COST PER EMPLOYEE 15
FIGURE 12 - MAXIMUM NONRESIDENTIAL LIBRARY IMPACT FEE 16 FIGURE 13 - PROJECTED LIBRARY IMPACT FEE REVENUE 19
FIGURE 14 - COMPARISON OF CURRENT AND MAXIMUM LIBRARY IMPACT FEES 20
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EXECUTIVE SUMMARY
INTRODUCTION
This Library Impact Fee Nexus Study Update ("Nexus Study") was prepared pursuant to the "Mitigation Fee Act," as found in Government Code § 66000 et seq. The purpose of this Nexus Study is to establish the legal and policy basis for the continued imposition of an updated library impact fee on new development in the District. The library impact fee would fund the one-time cost of expanding the District's facilities in order to meet the impact of new development. For this Nexus Study update, "library facilities" shall mean land, library buildings, bookmobiles, collections, computers, and other technology.
In order to impose such fees, this Nexus Study will demonstrate that a reasonable relationship or "nexus" exists between new development and the need for additional library facilities within the District as a result of new development. More specifically, this Nexus Study will present findings in order to meet the substantive requirements of the Act, which are as follows:
■ Identify the purpose of the fee.
■ Identify the use to which the fee is to be put. If the use is funding public facilities, the facilities must be identified. Identifying the public facilities may be a broad class of projects1 or made by reference to a capital improvement plan, made in applicable general or specific plan requirements, or made in other public documents2.
■ Determine how there is a reasonable relationship between the fee's use and the type of development project on which the fee is imposed ("benefit relationship"). ■ Determine how there is a reasonable relationship between the need for library facilities and the type of development project on which the fee is imposed ("impact or need relationship").
■ Determine how there is a reasonable relationship between the amount of the fee and the cost of the facilities or portion of the facilities attributable to the development on which the fee is imposed ("rough proportional relationship").
Additionally, the Act specifies that the fee shall not include costs attributable to existing deficiencies in public facilities but may include the costs attributable to the increased 1 According to Government Code § 66000(b) and validated by Homebuilders Association of Tulare/Kings Counties, Inc. v. City of Lemoore in 2010.
2 According to Gov't Code Section 66001(a)(2).
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demand for public facilities reasonably related to the development project in order to refurbish existing facilities to maintain the existing level of service or achieve an adopted level of service that is consistent with the general plan.
Since the Act also prohibits development impact fees from being used to fund existing deficiencies in public facilities, the fees must be used to fund only new or expanded library facilities that add to the District's library service capacity.
METHODOLOGY I APPROACH
To establish the library impact fee program consistent with the substantive requirements of the Act, this Nexus Study utilizes a districtwide, per capita standard -based methodology.
A standard -based methodology is the most used method for the calculation of library impact fees. It was also upheld by the Homebuilders Association of Tulare/Kings Counties, Inc. v. City of Lemoore in 2010.
Under this method, the cost components are based on the District's existing level of service ("LOS") standards and defined on a per capita basis. For the residential library impact fee, the total per capita costs are applied to four residential land use categories according to their respective dwelling unit occupancy factor and average living area to establish a cost/fee per square foot. For the nonresidential library impact fee, an equivalent cost per employee is determined and applied to three nonresidential land uses according to their respective employment density factors to establish a cost/fee per square foot of new nonresidential building area.
It is important to note that the maximum library impact fee determined by this Nexus Study is not directly influenced by the District's level of development. The library impact fee is determined with an open-end approach based on the District's level of service standards rather than a definite facility plan and a definite level of future development. Therefore, if the actual level of development is significantly higher or lower rate than projected, no revision of the library impact fee program would be necessary.
The Nexus Study also details the procedural requirements for the adoption of the Nexus Study and updated library impact fee program ("fee program"). Also, the Act contains specific requirements for the annual administration of the fee program. These statutory requirements and other important information regarding the imposition and collection of the fee are provided in the last two sections of the Nexus Study.
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SUMMARY OF KEY FINDINGS
The following key findings are presented:
1. It is the objective of the District to maintain its existing level of service by continuing to collect an updated library impact fee to fund the cost of expanding the District's facilities, collections, and computers attributable to new development.
2. The District's current library impact fees are shown below. These fees became effective in 2008 and have not been adjusted for cost inflation.
FIGURE 1 — CURRENT LIBRARY IMPACT FEE SCHEDULE (EFFECTIVE 2008) Current Library
Impact Fee
Land Use Category Unit 1 (2008)
Single -Family Housing BSQFT $0.92
Multi -Family Housing BSQFT $1.12
Retail I Commercial BSQFT $0.10
Office BSQFT $0.14
Industrial BSQFT $0.07
Notes:
BSQFT means living area or building area square feet.
3. Consistent with the Act's nexus requirements, this Nexus Study demonstrates a reasonable relationship between new development, the amount of the proposed fee, and library facilities funded by the fee.
4. The District may approve, and the City may adopt the fees in Figure 2, on the following page, at or below the maximum levels determined by this Nexus Study. If the District and City choose to adopt lower fees, the adopted fee for each land use category must be reduced by the same percentage.
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FIGURE 2 - MAXIMUM LIBRARY IMPACT FEE SCHEDULE (2022)
Land Use Category Unit 1
Maximum
Library
Impact Fee 2
Single -Family Detached Housing BSQFT $0.72
Single -Family Attached Housing BSQFT $1.08
Multi -Family Housing BSQFT $1.81
Mobile Homes BSQFT $1.08
Accessory Dwelling Unit BSQFT See Note 3
Retail / Commercial BSQFT $0.12
Office BSQFT $0.17
Industrial BSQFT $0.08
Notes:
BSQFT means living area or building area square feet
2 See Figures 8 and 12.
3 Accessory dwelling units ("ADUs") 750 square feet or less in size are exempt All other ADUs shall be imposed the effective fee of the existing land use category of the parcel upon which the ADU is constructed.
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SUMMARY OF KEY RECOMMENDATIONS
Based on the findings presented in the Nexus Study, the following key recommendations are presented:
1. The library impact fee should be adopted in accordance with Government Code Sections 66016, 66017, and 66018.
2. The District should comply with the annual reporting requirements Government Code § 66006(b).
3. Following the fifth fiscal year after the first deposit of fee revenue and every five years thereafter, District and the City should comply with the reporting requirements under Government Code § 660O1(d).
4. The cost estimates presented in this Nexus Study are in January 2022 dollars. The library impact fee should be adjusted automatically without further action by the District Board or the City Council on the first day of each fiscal year by the previous 12 -month percentage change as of April in the Engineering News -Record Construction Cost Index for Los Angeles or its successor publication.
5. In order to comply with the Act and recent court decisions, a fee credit must be given for demolished existing dwelling units or existing nonresidential building square footage as part of a new development project.
6. This Nexus Study and fee program must be updated at least every eight years.
The next Nexus Study update is due no later than January 1, 2030.
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LIBRARY PER CAPITA COST DETERMINATION
This Nexus Study utilizes a per capita -standard -based methodology to determine the library impact fee because the need for and demand for library services is driven by its service population. Using this open-ended approach, library facility costs are reduced to a cost per capita based on the District's existing LOS standards for such facilities. This section first determines the District's LOS standard for library facilities. Then, the per capita cost for library facilities for the District is established based on their respective LOS standard and the estimated unit cost.
POPULATION PROJECTION
Figure 3 presents the District's current and projected population through 2045. The District's current population was determined using figures from the California Department of Finance, including the estimated 1,045 residents of Hamer Island. Hamer Island is an unincorporated County island surrounded by the City which will be annexed by the City in July 2022.
The District's 2045 population was projected based on figures from the Southern California Association of Governments ("SCAG"), which results in an annual growth rate of 0.64 percent, or an average of 113 housing units per year. As shown below, it is estimated that the District's population, as of January 2022, is approximately 51,904. It is projected that the District will grow by 6,996 residents to a household population of 58,900 by 2045.
FIGURE 3 - CURRENT AND PROJECTED DISTRICT POPULATION
Growth
2022 thru
Population Projection 2022 2025 2030 2035 2040 2045 2045 Placentia Library District 51,904 52,906 54,621 56,392 58,220 58,900 6,996 Source: California Deparbnent of Finance; Southem Californa Association of Goverments
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EXISTING LIBRARY FACILITIES
Figure 4 below presents a summary of the District's existing library facilities. The District's library is located at 411 East Chapman Avenue, Placentia, California. The library is on 2.41 acres and has 27,875 square feet of building area. The District has over 77,000 collections, including books, periodicals, multi -media materials, and 28 community use computers.
FIGURE 4 — EXISTING LIBRARY FACILITIES
Item
Unit Units
Land LSQFT 104,980
Buildings BSQFT 27,875
Collections Volume 77,064
Computers Each 28
Source: Placentia Library District
UNIT COSTS
Figure 5 shows the estimated replacement value per unit for the four fee components. The estimated land value is based on the City's 2017 Nexus Study and adjusted 41% by the change in median home value in the City from 2017 to 2022. The replacement cost for the library building is $800 per square foot. Based on recent experience, the District estimates that the average cost per volume is $21 and $770 per community use computer.
FIGURE 5 — UNIT COSTS
Item
Unit Unit Cost
Land LSQFT $49
Buildings BSQFT $800
Collections Volume $21
Computers Each $770
Source: Placentia Library District; SCI Consulting Group
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PER CAPITA COST
The figure below summarizes the per capita cost components. As shown, the total per capita cost is $560.34.
FIGURE 6 — PER CAPITA COST
Per Capita
Item
Unit Units 1 Unit Cost 2 Standard
Calc a b c = (a * b) 151,904
Land LSQFT 104,980 $49.00 $99.11
Buildings BSQFT 27,875 $800.00 $429.64
Collections Volume 77,064 $21.00 $31.18
Computers Each 28 $770.00 $0.42
Total $560.34
N otes:
1 See Figure 4.
2 See Figure 5.
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RESIDENTIAL LIBRARY IMPACT FEE DETERMINATION
This section presents the calculation of the residential library impact fee. The per capita cost from the previous section is applied to four residential land use categories in proportion to the demand they create as measured by their respective dwelling unit occupancy factor and average living area.
RESIDENTIAL LAND USE CATEGORIES
The Act requires that development impact fees be determined in a way that ensures a reasonable relationship between the amount of the fee and the cost of the facilities or portion of the facilities attributable to the development on which the fee is imposed. Since the demand for / need for library services is inherently driven by service population and since different residential land uses have varying household occupancies, the residential library impact fee is expressed on a Der scuare footace basis based on their respective dwelling unit occupancy factor and average living area for four residential land uses.
Pursuant to Government Code § 66016.5(a)(5)(a), a fee impose on a per square footage basis is deemed to be a valid method to establish a reasonable relationship between the fee charged and the burden posed by the development.
The four residential fee categories are as follows:
• "Single -Family Detached Housing" means detached one -family dwelling units. • "Single -Family Attached Housing" means a residential structure consisting of two or more dwelling units that share common walls and have separate assessor's parcel numbers, such as townhomes.
• "Multi -Family Housing" means buildings or structures designed for two or more families for living or sleeping purposes and having kitchen and bath facilities for each family.
• "Mobile Home" means a development area for residential occupancy in vehicles that require a permit to be moved on a highway, other than a motor vehicle designed or used for human habitation and for being drawn by another vehicle.
After an evaluation of the District's current library impact fee schedule, the single-family housing fee category will be replaced with separate fees for single-family detached housing and single-family attached housing (townhomes). Additionally, accessory dwelling units ("ADUs') are added as a fifth category. An ADU means a dwelling unit, or "granny flat," either a detached or attached dwelling unit, which provides complete, independent
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living facilities for one or more persons with provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the primary residence.
DWELLING UNIT OCCUPANCY FACTOR
Figure 7 below presents the calculation of the dwelling unit occupancy factor for the four residential land uses. The calculation is based on information from the 2020 American Community Survey 5 -Year Estimate from the 2020 U.S. Census for the City of Placentia, which is found to be representative of the boundaries of the District.
FIGURE 7 — DWELLING UNIT OCCUPANCY FACTOR
Land Use Categories
Dwelling Unit
Occupied Total Number Occupancy
Dwelling Units of Occupants Factor
Calc a
Single -Family Detached Housing
Single -Family Attached Housing
Multi -Family Housing
Mobile Homes
b c = a / b
9,651 33,103 3.43
1,889 5,251 2.78
4,230 11,883 2.81
603 1,347 2.23
Average (2020 Census) 16,373
51,584 3.15
Source: 2020 U.S. Census for the City of Placentia
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RESIDENTIAL LIBRARY IMPACT FEE DETERMINATION
Figure 8 below presents the calculation of the maximum library impact fee. As shown, the fees for the residential land uses are determined by multiplying the total cost per capita by their respective dwelling unit occupancy factor and average living area. An additional 4 percent is added for the annual administration of the library impact fee program. The fee program administrative cost component is designed to offset the cost of District and City collection, documentation, satisfying annual and five-year reporting requirements, periodic Nexus Study updates, and other costs reasonably related to compliance with the Act.
The District may approve, and the City may adopt fees lower than the maximum, justified amounts shown below, provided that they are reduced by the same percentage for each land use category.
FIGURE 8 — MAXIMUM RESIDENTIAL LIBRARY IMPACT FEE
Residential Land Use
Category
Dwelling
Total Unit
Cost Per Occupancy
Capita' Factor 2
Cost per
Unit
Admin.
Expense
4%3
Average
Living
Area per
Sq. Ft. 4
Maximum
Library
Impact Fee 5
Calc a b
Single -Family Detached
Single -Family Attached
Multi -Family
Mobile Homes
Accessory Dwelling Unit
$560.34
$560.34
$560.34
$560.34
3.43 2.78
2.81 2.23
c=a"b d=c"0.04 e f=(c+d)/e
per dwelling unit - per sq. ft. -
$1,921.97 $76.88 2,750 $0.72
$1,557.75 $62.31 1,500 $1.08
$1,574.56 $62.98 900 $1.81
$1,249.56 $49.98 1,200 $1.08
See Note 6
Notes:
See Figure 6.
2 See Figure 7.
3 Collection, documentation, annual reporting requirements, five-year report requirements, periodic Nexus Study updates and other costs reasonably related to compliance with the Act. 4 Average living areas for new development estimated by the City's Development Services Departrnent. 5 Maximum library impact fee is rounded down to the nearest cent. 6 Accessory dwelling units ("ADU s") 750 square feet or less in size are exempt. All other ADUs shall be imposed the effective fee of the existing land use category of the parcel upon which the ADU is constructed.
The residential library impact fee shall be charged on the square footage within the perimeter of a residential structure. Garage, carports, walkways, overhangs, patios, enclosed patios, detached storage structures, or similar areas are excluded.
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NEXUS FINDINGS FOR RESIDENTIAL LIBRARY IMPACT FEE
This section summarizes the nexus findings required to demonstrate the legal justification of the residential library impact fee.
PURPOSE OF THE FEE
The purpose of the residential Library Impact fee is to fund new or expanded library facilities to meet the new resident population's needs generated by new residential development in the District.
USE OF FEE REVENUE
Library impact fee revenue will be used to fund the development of and/or the acquisition of new or expanded library facilities to serve new development. A summary of the allowable and prohibited uses of the fee revenue is provided in Figure 9 below.
FIGURE 9 — SUMMARY OF ALLOWABLE AND PROHIBITED USES OF FEE REVENUE Allowable Uses
■ The cost of new or expanded library
facilities, including land and library
construction; the purchase of
bookmobiles, collections, and
community use computer that
expand service capacity (100%)
• Library facility costs already incurred
that provide growth -related capacity
(100%)
• The proportional cost of library facility
renovation projects that expand
service capacity
• Collection, accounting,
documentation, annual reporting
requirements, five-year report
requirements, periodic nexus studies,
and other costs reasonably related to
compliance with the Act.
Prohibited Uses
• Existing deficiencies, such as
renovation or replacement of existing
library facilities that do not expand
service capacity
• Operational, maintenance, or repair
costs
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BENEFIT RELATIONSHIP
The fee will be collected as development occurs. Fee revenue will be used to fund new and expanded library facilities to meet the additional demand generated by the new residents created by new development projects. Fee revenue will be deposited into a separate library impact fee account or fund in a manner to avoid any commingling of the fees with other revenues and funds. The fee revenue will be restricted to the uses described in the "Use of Fee Revenue" finding. Additionally, the Act ensures that fees are either expended expeditiously or refunded. These actions ensure that a development project paying the library impact fee will benefit from its use.
IMPACT RELATIONSHIP
Since the need for library services is inherently population -driven, new residential development in the District will generate the need for additional library services and the corresponding need for various facilities. The need is measured in proportion to the dwelling unit occupancy factor for five residential land use categories. The fees' use (funding new or expanded library facilities) is therefore reasonably related to the type of project (new residential development) upon which it is imposed.
PROPORTIONALITY
The library facilities needed to serve a unit of development are based on the District's level of service standards for such facilities. The cost of new and expanded library facilities and fee program administrative costs are defined on a cost per capita basis. These per capita costs are then applied to residential land use categories based on their respective dwelling unit occupancy factor and average housing unit size.
The use of average dwelling unit occupancy for the residential land use categories to determine the library impact fee schedule achieves proportionality across the types of development on which the fee is imposed. In general, a single-family home will generate a higher number of persons than a multifamily unit, and as a result, will pay a higher fee.
Additionally, a fee impose on a per square footage basis is deemed to be a valid method by State law to establish a reasonable relationship between the fee charged and the burden posed by the development accord. Thus, the library impact fee schedule's application to a specific project ensures a reasonable relationship between the fee and the cost of library facilities attributable to that residential development project.
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NONRESIDENTIAL LIBRARY IMPACT FEE DETERMINATION
In addition to the District residents, employees who work in the District also use and place demands upon the District's library facilities. Just as future growth in the residential population will impact library facilities, future growth in the District's employee population will also impact library facilities, and additional library facilities are required for the future growth in employees within the District. Therefore, this section determines a library impact fee for nonresidential land uses.
RESIDENTIAL EQUIVALENT FACTOR
The District estimates that although its library users are primarily residents, its facilities are also utilized by employees associated with local businesses. However, one employee is generally not considered to have the same demand for or impact upon library facilities as one resident. Therefore, this Nexus Study Update utilizes the same residential equivalent factor of 0.1 from the District 2008 Nexus Study. In other words, one employee is considered to have the equivalent library facilities demand of 0.1 residents.
NONRESIDENT EMPLOYEE FACTOR
In order to isolate the impact from nonresident employees that do not live in the District, a nonresident employee factor is determined using figures from the 2000 U.S. Census. (Unfortunately, the 2010 and 2020 U.S. Census do not provide similar demographic data.) As shown, of the 23,148 employees that worked in the City in 2000, 20,523 were not residents. Therefore, for the purposes of this Nexus Study Update, it is assumed that 89 percent of employees generated by new nonresidential development with the District will reside outside the District. These figures are found to be reasonably representative of the same ratio today for the District. Note that this factor was not included in the determination of the nonresidential library fees in the 2008 Nexus Study.
FIGURE 10 - NONRESIDENT EMPLOYEE FACTOR
Calc
Work In Place of Residence a 2,625
Work Outside Place of Residence b 20,523
Total Workers in Place c = a + b 23,148
Nonresident Employee Factor d = b I c 0.89
Source: 2000 U.S. Census for City of Placentia
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COST PER EMPLOYEE
Figure 11 below presents the calculation of the cost per employee based on the per capita cost multiplied by the residential equivalent factor and the nonresident employee factor for nonresidential land uses. As shown, the cost per employee is $49.68, or the equivalent of
8.9 percent of the per capita cost for a District resident.
FIGURE 11 — COST PER EMPLOYEE
Land Use
Residential Nonresident
Per Capita Equivalent Employee Cost per
Costs 1 Factor 2 Factor 3 Employee
Calc
a b c d=a"b"c
Nonresidential $560.34 0.10 0.89 $49.68
Notes:
See Figure 6.
From 2008 Nexus Study.
See Figure 10.
NONRESIDENTIAL LAND USE CATEGORIES
As mentioned earlier, the Act requires that development impact fees be determined in a way that ensures a reasonable relationship between the amount of the fee and the cost of the facilities or portion of the facilities attributable to the development on which the fee is imposed. Since nonresidential land uses have varying employment densities, the nonresidential library impact fee is expressed on a Der scuare footace basis based on their respective employment density for three nonresidential land use categories.
Nonresidential development means a permit for the original construction or installation of three categories of structures, including retail and commercial, office, and industrial or similar nonresidential occupancy. These categories are defined below. • "Retail/ Commercial" means buildings to be used for retail, general commercial, hotel/motel, private school, and similar nonresidential occupancy. • "Office" means a building to be used for general business services, professional office, medical office, and similar nonresidential occupancy. • "Industrial" means a building to be used for manufacturing, fabrication, assembly, storage, distribution, and similar nonresidential purposes.
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NONRESIDENTIAL LIBRARY IMPACT FEE DETERMINATION
In order to determine the nonresidential library impact fees, the cost per employee is applied to the three nonresidential land uses by their employment density to arrive at nonresidential library impact fees per square foot. The nonresidential library impact fees for retail/commercial, office, and industrial land uses are shown in Figure 12 on the following page. The District may approve, and the City may adopt fees lower than the maximum amounts justified by this Nexus Study update, provided that they are reduced by the same percentage for each land use category.
FIGURE 12 — MAXIMUM NONRESIDENTIAL LIBRARY IMPACT FEE
Nonresidential Land
Use Category
Calc
Retail / Commercial
Office
Industrial
Cost per
Employee 1
a
$49.68
$49.68
$49.68
Maximum
Nonresidential
Admin. Employees per Library Impact
Expense 4%2 1,000 Sq. Ft. 3 Fee 4
b c d = (a+b) / (1,000/c)
$1.99 2.33
$1.99 3.33
$1.99 1.67
$0.12
$0.17
$0.08
N otes:
See Figure 11.
2 Collection, documentation, annual reporting requirements, five-year report requirements, periodic Nexus Study updates and other costs reasonably related to compliance with the Act. 3 Employment density figures are based on the SC AG "Employment Density Study" dated October 31, 2001 prepared by The Natelson Company, Inc.
4 Maximum fee is rounded to the nearest cent
The employment density figures are based on the commonly cited Southern California Association of Government ("SCAG") "Employment Density Study" dated October 31, 2001, prepared by The Natelson Company, Inc. All density figures are expressed in terms of the number of employees per 1,000 square feet of building area. For the purpose of this Nexus Study, these figures are considered to be representative of the employment density of future nonresidential development.
The nonresidential fee shall be charged for "covered and enclosed space" within a nonresidential structure's perimeter. Any storage areas incidental to the principal use of the development, garages, librarying structures, unenclosed walkways, or utility or disposal areas shall not be subject to the fee.
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NEXUS FINDINGS FOR NONRESIDENTIAL LIBRARY IMPACT FEE
This section summarizes the nexus findings required to demonstrate the legal justification of the nonresidential Library impact fee.
PURPOSE OF THE FEE
The purpose of the nonresidential library impact fees is to fund new or expanded library facilities, to meet the needs of new employees created by new nonresidential development within the District.
USE OF FEE REVENUE
Library impact fee revenue will be used to fund the development and/or acquisition of new or expanded library facilities to serve new nonresidential development. A summary of the allowable and prohibited uses of the fee revenue is provided in Figure 9.
BENEFIT RELATIONSHIP
The fee will be collected as new nonresidential development occurs. Fee revenue will be used to fund new and expanded library facilities to meet the additional demand generated by the employees created by new development projects. Fee revenue will be deposited into a separate library impact fee account or fund in a manner to avoid any commingling of the fees with other revenues and funds. Additionally, the Act ensures that fees are either expended expeditiously or refunded. The fee revenue will be restricted to the uses described in the "Use of Fee Revenue" finding. These actions ensure that a nonresident development project paying the library impact fee will benefit from its use.
IMPACT RELATIONSHIP
Since the need for library services is inherently service population -driven, new nonresidential development will generate additional demand for library services and the associated need for new or expanded library facilities. The demand is measured in proportion to the residential equivalent factor, the nonresident employee factor, and the average employment density for retail/other commercial, office, and industrial land use categories. The fees' use (funding new or expanded library facilities) is therefore reasonably related to the type of project (new nonresidential development) upon which it is imposed.
PROPORTIONALITY
The amount of library facilities needed to serve a unit of nonresidential development is determined by dividing the cost per employee by the employment density for retail/other commercial, office, and industrial land uses.
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The use of employment density to determine the nonresidential library impact fee schedule achieves proportionality across the types of nonresidential development on which the fee is imposed. In general, an office will generate a higher number of employees than an industrial facility on a square footage basis, and as a result, will pay a higher fee. Thus, the application of the library impact fee schedule to a specific nonresidential project ensures a reasonable relationship between the fee and the cost of the library facilities attributable to that nonresidential development project.
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PROJECTED LIBRARY IMPACT FEE REVENUE
Figure 13 projects library impact fee revenue through 2045. Total residential fee revenue (in 2022 dollars) is estimated by multiplying the total cost per capita by the projected resident population growth determined in Figure 3. Nonresidential development is estimated by multiplying the total cost per employee by the projected number of new employees, which assumes 2,600 new housing units and a jobs -to -housing ratio of 1.23 provided by Center for Demographic Research at California State University, Fullerton. As shown, it is projected the District will generate approximately $4.1 million (in 2022 dollars).
Certainly, arguments can be made for higher or lower population growth. However, the projected population growth and fee revenue are merely estimates for planning purposes.
The maximum fee amounts do not depend upon the timing and level of development.
FIGURE 13 — PROJECTED LIBRARY IMPACT FEE REVENUE
Land Use Category
Calc
Residential Development
Nonresidential Development
Total
Cost per Capita
I Per Employee 1
a
$560.34
$49.68
Projected
Resident and
Employee
Growth (2045) 2
b
6,996
3,198
Projected Park
Impact Fee
Revenue (2022$)
c=a*b
$3,920,139
$158,877
$4,079,015
N otes:
See Figure 6 and 11.
2 See Figure 3 for projected resident growth. Projected employee growth based on figures from the City Development Services Department and assumes approximately 2,600 new housing units and estimated job -to -housing ratio of 1.23.
The fee revenue must be deposited into a separate library impact fee account or fund in a manner to avoid any commingling of the fees with other revenues and funds. The fee revenue will be restricted to the funding of new or expanded library facilities needed to serve new residential development. Additionally, fee revenue will be used to cover fee program administration costs such as collection, documentation, annual reporting requirements, five-year report requirements, periodic nexus studies, and other costs reasonably related to compliance with the Act. Fee revenue may not be used to fund 1) the renovation or replacement of existing facilities and 2) operational, maintenance or repair costs.
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COMPARISON OF CURRENT AND MAXIMUM LIBRARY IMPACT FEE REVENUE The figure below compares the current library impact fee schedule with the maximum library impact fee schedule justified by this Nexus Study Update.
FIGURE 14- COMPARISON OF CURRENT AND MAXIMUM LIBRARY IMPACT FEES Maximum
Current Library
Library Impact Impact Fee %
Land Use Category Unit 1 Fee (2008) (2022) 2 $ Change Change Calc a b c=a -b d=c/a-1
Single -Family Detached Housing BSQFT $0.92 $0.72 ($0.20) -21.7% Single -Family Attached Housing 3 BSQFT $0.92 $1.08 $0.16 17.4% Multi -Family Housing BSQFT $1.12 $1.81 $0.69 61.6%
Mobile Home 3 BSQFT $0.92 $1.08 $0.16 17.4%
Accessory Dwelling Unit BSQFT See Note 4
Retail / Commercial BSQFT $0.10 $0.12 $0.02 20.0%
Office BSQFT $0.14 $0.17 $0.03 21.4%
Industrial BSQFT $0.07 $0.08 $0.01 14.3%
Notes:
BSQFT means living area square feet or building square feet 2 See Figures 8 and 12.
3 New residential impact fee category.
4 Accessory dwelling units ("ADUs") 750 square feet or less in size are exempt. All other ADUs shall be imposed the effective fee of the existing land use category of the parcel upon which the ADU is constructed.
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FEE PROGRAM ADOPTION REQUIREMENTS
The following is a summary of the statutory procedural requirements for approval of the Nexus Study and proposed library impact fee program ("fee program") by the District Board of Trustees and adoption by the City Council on behalf of the District. The specific statutory procedural requirements for the adoption of the fee program may be found in the California Government Code Sections 66016, 66017, and 66018. It is recommended that the notice and hearing requirements be satisfied by the District and the City.
PLACENTIA LIBRARY DISTRICT
1. The District Board of Trustees shall conduct at least "one open and public meeting" as part of a regularly scheduled meeting on the proposed fee program.
2. At least 30 days before the meeting, the District shall mail out a notice of the meeting to any interested party who filed a written request for notice of the adoption of new or increased fees.
3. At least 30 days before the meeting, the District shall make the Nexus Study available to the public for review.
4. At least 30 days before the public hearing, a notice of the meeting's time and place shall be published twice in a newspaper of general circulation with at least five days intervening between the dates of first and last publication, not counting such publication dates.
5. After the public hearing, the District Board shall adopt a resolution ap3rovinc the Nexus Study and proposed fee program to recommend that the City Council adopt the proposed fee program on behalf of the District.
CITY OF PLACENTIA
1. The City Council shall conduct at least "one open and public meeting" as part of a regularly scheduled meeting on the requested fee program.
2. At least 30 days before the meeting, the City shall mail out a notice of the meeting to any interested party who filed a written request for notice of the adoption of new or increased fees.
3. At least 30 days before the meeting, the City shall make available to the public the Nexus Study for review.
4. At least 30 days before the public hearing, a notice of the time and place of the meeting shall be published twice in a newspaper of general circulation with at least five
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days intervening between the dates of first and last publication, not counting such publication dates.
5. After the public hearing, the City Council shall adopt an ordinance and resolution establishing the proposed fee program on behalf of the District.
6. The fee shall become effective 60 days after the adoption of the resolution or longer as specified by the resolution.
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FEE PROGRAM ADMINISTRATION REQUIREMENTS
This section summarizes the statutory requirements and general recommendations for the annual administration of the library impact fee program. The specific statutory requirements for the administration of the fee program may be found in California Govt.
Code § 66000 et seq.
ACCOUNTING REQUIREMENTS
Proceeds from the library impact fee should be deposited into a separate fund or account so that there will be no commingling of fees with other revenue. The library impact fees should be expended solely for the purpose for which they were collected. Any interest earned by such account should be deposited in that account and expended solely for the purpose for which originally collected.
REPORTING REQUIREMENTS
The following information, entitled "Annual Report," must be made available to the public within 180 days after the last day of each fiscal year:
• a brief description of the type of fee in the account; • the amount of the fee;
• the beginning and ending balance of the account;
• the fees collected that year and the interest earned; • an identification of each public improvement for which the fees were expended and the amount of the expenditures for each improvement; • an identification of an approximate date by which development of the improvement will commence if the local agency determines that sufficient funds have been collected to complete financing of an incomplete public improvement; • a description of each inter -fund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, the date on which any loan will be repaid, and the rate of interest to be returned to the account; and
• the amount of money refunded under section Govt. Code § 66001.
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The District shall review the Annual Report at the next regularly scheduled public meeting, not less than 15 days after the Annual Report is made available to the public. Notice of the time and place of the meeting, including the address where this information may be reviewed, shall be mailed, at least 15 days prior to the meeting, to any interested party who files a written request with the District for mailed notice of the meeting. Any written request for mailed notices shall be valid for one year from the date on which it is filed unless a renewal request is filed. Renewal requests for mailed notices shall be filed on or before April 1 of each year. The District Board may establish a reasonable annual charge for sending notices based on the estimated cost of providing the service.
For the fifth fiscal year following the first receipt of any library impact fee proceeds, and every five years thereafter, the District must comply with Government Code Section 66001(d)(1) by affirmatively demonstrating that the District still needs unexpended Library impact fees to achieve the purpose for which it was originally imposed and that the District has a plan on how to use the unexpended balance to achieve that purpose. Specifically, the District shall make the following findings, entitled "Five -Year Findings Report," with respect to that portion of the account or fund remaining unexpended, whether committed or uncommitted:
• Identify the purpose to which the fee is to be put;
• Demonstrate a reasonable relationship between the fee and the purpose for which it is charged;
• Identify all sources and amounts of funding anticipated to complete financing in incomplete improvements; and
• Designate the approximate dates on which the funding is expected to be deposited into the appropriate account or fund.
The District shall provide for the refund of all or any part of such unexpended or unappropriated fee revenue, together with any actual interest accrued thereon, in the manner described in Government Code § 66001 (e) of the, to the current record owner of any property for which a fee was paid; provided that if the administrative costs of refunding such fee revenue exceed the amount to be refunded.
TRANSPARENCY REQUIREMENTS
The District must clearly post the following information on the District's website regarding the fee program:
• The current fee schedule indicated the effective date when adopted by the City Council.
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• Current and five previous annual accounting reports.
• Current and any previous Library Impact Fee Nexus Study conducted after January 1, 2018.
ANNUAL INFLATIONARY ADJUSTMENT
The fee should be adjusted automatically without any further action by the District Board or City Council on the first day of each fiscal year by the previous 12 -month percentage change as of April in the Engineering News -Record Construction Cost Index (Los Angeles) or its successor publication.
FEE EXEMPTIONS
The following development projects are exempted from payment of the fee:
• A structure owned by a governmental agency.
• A structure which is being reconstructed following damage or destruction by fire or another casualty, or the voluntary demolition thereof, provided that the number of structures or the size in such reconstructed structure is no greater than the number of structures or the size of the structure prior to such damage, destruction, or demolition.
• An accessory dwelling unit less than 750 square feet. • A structure found to have no impact of the District's library system.
FEE CREDITS
Pursuant to the Act and recent court cases, the following circumstances must receive a fee credit:
■ Demolished living area or building square footage as part of a development project.
■ If a developer dedicates land or builds specific library facilities under a turn -key agreement, the fee imposed on that development project may be adjusted to reflect a credit for the library facilities constructed.
NEXUS STUDY UPDATES
This Nexus Study and fee program must be updated at least every eight years. The next Nexus Study update is due no later than January 1, 2030.
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EXHIBIT "B"
Section 5.02.190
LIBRARY DEVELOPMENT IMPACT FEES
A. Findings. In order to mitigate the impacts to library facilities caused by new development within the City, the Placentia Library District and the City Council have determined that development impact fees are needed to finance the cost of new or expanded library facilities to meet the needs of the resident population and nonresident employees generated by new development in the City within the District's jurisdiction. There is a reasonable relationship between the amount of the library impact fee and the cost of library facilities attributable to the development on which the fee is imposed. In establishing the fees described in this Section, the City Council finds the fees adopted to be consistent with state law (California Government Code Section 66000 et seq.
B. Description of fees.
(1) Library development impact fees are hereby established on new within the City of Placentia to be used to fund the cost of new or expanded library facilities and administrative costs associated with the library impact fee program.
(2) For residential library impact fees, library facility costs are defined on a per capita basis and applied to residential land use categories according to their respective average household size. For nonresidential library impact fees, costs are defined on a per employee basis based on a residential equivalent factor and nonresident employee factor and then applied to nonresidential land use categories according to their respective average employment density.
(3) At least every five years, the City Council, in conjunction with the Placentia Library District, shall review these fees to determine whether the fee amounts are reasonably related to the impacts of development.
C. Limited use of fees.
Fee revenue will be deposited into a separate library impact fee account or fund in a manner to avoid any commingling of the fees with other revenues and funds. The fee revenue will be restricted to the allowable uses described in Nexus Study. These actions ensure that a new development project paying the library impact fee will benefit from its uses. The uses of the library development impact fees are reasonably related to the types of development projects on which the fees are imposed. The uses shall be used to fund new and expanded library facilities to meet the additional demand generated by the 6 residents of the City and employees created by new development. The allowable uses for fees are set forth in the Nexus Study.
D. Imposition of fees.
(1) Development impact fees shall be imposed on new development. (2) Development impact fees shall be paid by the owner of the property on which new development is to occur. The fees shall be collected by the prior to the issuance of the building or development permit(s) for such development, whichever occurs later, unless payment at a later time is mandated by Government Code Section 66007.
C. Except as otherwise provided herein, square footage of residential and nonresidential buildings shall be measured within the perimeter of a structure. Unfinished attics, crawlspaces, and basements shall not be assessed until converted and finished as usable floor space.
D. For residential uses, a building or structure consisting of non -usable floor space, e.g., garage, carports, walkways, overhangs, patios, enclosed patios, detached storage structures, or similar areas are excluded and shall not be deemed to be part of the residential building for the purpose of determining the square footage of the residential building.
E. For non-residential uses, a building or structure consisting of non -usable floor space, e.g., any storage areas incidental to the principal use of the development, garages, unenclosed walkways, or utility or disposal areas, or similar areas are excluded and shall not be deemed to be part of the non-residential building for the purpose of determining the square footage of the non-residential building.
F. Additions to an existing building shall be deemed to occur whenever the amount of usable floor space is increased, or whenever new building space is constructed where no structures existed as part of the existing building, whether or not the total building floor area is increased by the new construction.
G. No development impact fee shall be imposed more than once for the same floor space.
E. Annual Inflationary Adjustment
The library impact fees established in this Section shall be adjusted automatically without further action by the Placentia Library District Board or the City Council on the first day of each fiscal year by the previous 12 -month percentage change as of April in the Engineering News -Record Construction Cost Index for Los Angeles or its successor publication. 7 RESOLUTION NO. R-2022-79
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA, FINDING THAT APPROVAL OF
PLACENTIA LIBRARY DISTRICT IMPACT FEES IS EXEMPT FROM
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
PURSUANT TO CEQA SECTION 15061(B)(3) AND, APPROVING THE
PLACENTIA LIBRARY DISTRICT DEVELOPMENT IMPACT FEES TO
FINANCE MITIGATION OF IMPACTS TO LIBRARY FACILITIES
WHEREAS, Board of Trustees of the Placentia Library District ("District") determined that current library facilities will not be adequate for future population growth;
WHEREAS, pursuant to Government Code Section 66000 et seq., ("Mitigation Fee Act") a district, in conjunction with a local jurisdiction is allowed to establish, increase, or impose a development fee as a condition of approval on new development where the purpose and use of the fee were identified, and reasonable in relationship to the development project;
WHEREAS, pursuant to the Mitigation Fee Act the District, in conjunction with the City of Placentia ("City"), is empowered to impose fees and other exactions to provide necessary public facilities required to mitigate the negative effects of new development in the District's territory;
WHEREAS, the proposed fees are based upon the information contained a document prepared by SCI Consulting Group dated July 2022, Final Report v1.2 entitled Placentia Library District Library Impact Fee Nexus Study Update ("Nexus Study") that provides all information necessary to meet the requirements of California Government Code Section 66000 et al.;
WHEREAS, a copy of the Nexus Study is on file in the City Clerk's office and has been made available for public review in accordance with state law, as more fully described below;
WHEREAS, the Nexus Study complies with Mitigation Fee Act by establishing the basis for the imposition of fees in new development and in particular:
1. Identifies the purpose of the proposed fees;
2. Identifies the use to which the fees will be put;
3. Demonstrates a reasonable relationship between the fees' use and the types of projects on which the fees are imposed;
4. Demonstrates a reasonable relationship between the need for the public facilities and the types of developments on which the fees are imposed; and
5. Demonstrates a reasonable relationship between the amount of the fees and the cost of the public facilities or portions of the facilities attributable to the developments on which the fees are imposed; WHEREAS, the fees collected pursuant to this Resolution shall be used to finance the library facilities described or identified in the Nexus Study.
NOW, THEREFORE, the City Council of the City of Placentia, California, does hereby resolve as follows:
Section 1. Prior to the adoption of this Resolution, the City Council conducted a public hearing at which oral and written presentations were made, as part of the Council's regularly scheduled November 15, 2022, meeting. Notice of the time and place of the meeting, including a general explanation of the matter to be considered, was published in a newspaper in accordance with Section 6062a of the California Government Code at least 30 days prior to the meeting. A copy of said Nexus Study was mailed to any interested party who had filed a written request with the City for mailed notice of the meeting on new fees within the period specified by law.
Additionally, at least 30 days prior to the meeting the City made available to the public the final Nexus Study for review.
Section 2. The City Council of the City of Placentia hereby determines as follows:
a. The library impact fees justified by the Nexus Study and approved pursuant to this Resolution are for the purpose of funding the cost of new or expanded library facilities to meet the needs of the resident population and nonresident employees generated by new development in the City within the District's jurisdiction. b. The library impact fees justified by the Nexus Study and approved pursuant to this Resolution will be used to fund the cost of new or expanded library facilities and administrative costs associated with the library impact fee program. c. The uses of the library impact fees justified by the Nexus Study and approved pursuant to this Resolution are reasonably related to the types of development projects on which the fees are imposed in that fee revenue will be used to fund new and expanded library facilities to meet the additional demand generated by the residents of the City and employees created by new development. Fee revenue will be deposited into a separate library impact fee account or fund in a manner to avoid any commingling of the fees with other revenues and funds. The fee revenue will be restricted to the allowable uses described in Nexus Study. These actions ensure that a new development project paying the library impact fee will benefit from its use.
d. The library impact fees justified by the Nexus Study and approved pursuant to this Resolution bear a reasonable relationship to the need for library facilities in that each new development project will generate additional need for library services and the associated need for library facilities. The need is defined by the District's existing level of service standards for such facilities. e. The Nexus Study demonstrates that there is a reasonable relationship between the amount of the library impact fee and the cost of library facilities attributable to the development on which the fee is imposed. For residential library impact fees, library facility costs are defined on a per capita basis and applied to residential land use categories according to their respective average household size.
For nonresidential library impact fees, costs are defined on a per employee basis based on a residential equivalent factor and nonresident employee factor and then applied to nonresidential land use categories according to their respective average employment density.
Section 3. The City Council does hereby approve the following updated library impact fees.
Land Use Category
Maximum
Library
Unit 1 Impact Fee
Single -Family Detached Housing BSQFT $0.72
Single -Family Attached Housing BSQFT $1.08
Multi -Family Housing BSQFT $1.81
Mobile Homes BSQFT $1.08
Accessory Dwelling Unit BSQFT See Note 2
Retail/ Commercial BSQFT $0.12
Office BSQFT $0.17
Industrial BSQFT $0.08
Notes:
' BSQFT means living area or building area square feet
'Accessory dwelling units ('ADU s') 750 square feet or less in size are exempt All other ADUs shall be imposed the effective fee of the ex isting land use category of the parcel upon which the ADU is constructed.
Section 4. The library impact fee shall be adjusted automatically without further action by the City Council on the first day of each fiscal year by the previous 12 - month percentage change as of April in the Engineering News -Record Construction Cost Index for Los Angeles or its successor publication.
Section 5. The City Council finds that the proposed actions are not expected to create a negative impact on the physical environment, as it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment and, therefore, the contemplated actions related to adoption of Library District Development Impact fees is exempt from environmental review pursuant to the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines, Section 21065 of the Public Resources Code and the City of Placentia Local Guidelines for implementing CEQA.
Section 6. Should any section, subsection, clause or provision of this Resolution for any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Resolution, it being hereby expressly declared that this Resolution, and each and every section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, approved, adopted and/or ratified irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases of this Resolution be declared invalid or unconstitutional.
Section 7. The City Clerk shall certify to the passage and adoption of this Resolution.
Section 8. The fees adopted pursuant to this Resolution do not go into effect until the effective date of Ordinance No. O-2022-10, or 60 days from the adoption of this Resolution, whichever is later.
PASSED, ADOPTED AND APPROVED THIS 15th day of November 2022.
Rhonda Shader, Mayor
ATTEST:
Robert S. McKinnell, City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE
I, Robert S. McKinnell, City Clerk of the City of Placentia, do hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Placentia held on the 15th day of November 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
APPROVED AS TO FORM:
Christian L. Bettenhausen
Robert S. McKinnell, City Clerk
AGREEMENT FOR LIBRARY COLLECTION OF IMPACT FEE
This Agreement is made and entered into to be effective the 15th day of November, 2022, by and between the City of Placentia ("City") and the Placentia Library District ("District").
RECITALS
Whereas, on August 15, 2022, following publication of notice and holding of a public hearing in accordance with applicable law, the District adopted Resolution 2022-05, a true and correct copy of which is attached hereto as Exhibit "A", establishing a Library Facilities Impact Fee (the "Fee") to be imposed upon persons seeking a City development approval; and Whereas, the District's establishment of the Fee was based on the information contained in that certain "Library Impact Fee Nexus Study Update, dated July 2022 (the "Report"), establishes the basis for the imposition of Impact Fees for new development in compliance with Govt. Code § 66001: and
Whereas, District represents that its adoption of Resolution 2022-05 complied with all applicable laws; and
Whereas, the District desires the City's assistance in facilitating the collection of the Fee and the City agrees to provide such assistance as set forth in this Agreement.
Now, therefore, in consideration of the promises and mutual benefits which will result to the parties in carrying out the terms of this Agreement, it is mutually agreed as follows:
AGREEMENT
1. Collection of the Fee. For the term of this Agreement and so long as the Fee shall be in effect, the City shall require any person that applies for development to which the Fee applies to provide evidence to City of payment of the Fee to the District. City shall require such persons to provide evidence of payment at the following times:
a. For residential development: Prior to the date of final inspection or the issuance of a certificate of occupancy, whichever occurs first. For residential projects containing more than one dwelling unit, the Fee for the entirety of the project shall be paid prior to the date the first dwelling unit within the project receives its final inspection or certificate of occupancy, whichever occurs first.
b. For commercial, office, and industrial development: Prior to the issuance of a building permit for any phase of the project.
In no event shall City be responsible for directly collecting the Fee.
2. Refunds. District agrees to process and issue any required Fee refunds.
3. City Administrative Fee. The Report identified that four (4) percent of the Fee includes the annual administration of Fee program to offset the cost of District and City administration of 1729856.1
the Fee. District agrees to remit to the City on or before July 1 of each year of this Agreement, one (1) percent of all amounts collected as reimbursement for the City's administrative costs in assisting the District in collection of the Fee.
4. Defense and Indemnification.
District acknowledges that City (both as part of the actions initially adopting the fee and as part of proceedings required periodically by the Mitigation Fee Act) will be relying on studies, reports, and information developed by District in order for (i) its City Council to make findings required by the Mitigation Fee Act (including, but not limited to Section 66001 thereof) and (ii) the City to make available certain information required by the Mitigation Fee Act (including, but not limited to Section 66006 thereof). As such, District shall, at its sole cost and expense, protect, defend, indemnify, and hold harmless City, its Council Members, officers, directors, agents, employees, and volunteers ("City Indemnitees", from any and all demands, claims, actions, liabilities, losses, damages and costs, including payment of reasonable attorneys' fees (collectively, "Claims"), with legal counsel reasonably acceptable to the City, that arise out of or in any way result from:
a. The adoption and imposition of the Fee or the acts or omissions of the District, its Trustees, officers, employees, and agents, relating in any way to the imposition, collection, refunding, and/or accounting of the Fee, or for any acts arising under this Agreement. b. Claims that (i) the rate of any impact fee subject to this Agreement that was set at a level recommended by the Report or request of District is in excess of what is allowed by law, (ii) the City Indemnitees, having adopted such a fee, lacked the authority to adopt the fee or improperly exercised such authority, or (iii) an inflation adjustment to such a fee, having been requested by District and administratively implemented by the City Indemnitees, is in excess of what is permitted by law or has been improperly adopted. c. Claims that (i) the City Indemnitees lacked a proper basis for any required findings or (ii) that any information made public by the City Indemnitees to comply with a requirement of the Mitigation Fee Act is legally insufficient. Further, District agrees to fund any refund that is required by Section 66001(e) of the Government Code.
5. Amendment. This Agreement may be amended by mutual written agreement of the parties.
6. Termination. Either party may terminate this Agreement for any reason upon six (6) months' written notice to the other party. Notice shall be mailed first-class postage prepaid or hand -delivered to the addresses set forth below.
If to the District:
Placentia Library District
411 E. Chapman Avenue
Placentia, CA 92870
Attn: Library Director
2 If to the City:
City of Placentia
401 E. Chapman Avenue
Placentia, CA 92870
Attn: City Administrator
7. Mutual Cooperation. The parties agree to provide such information or take such further actions as are reasonably necessary to effectuate the purposes and intent of this Agreement.
IN WITNESS WHEREOF, the parties enter into this Agreement as of the date set forth above and in executing this Agreement represent that the persons signing on behalf of each party are authorized to bind their respective party to this Agreement.
Placentia Library District City of Placentia
By: By:
President, Library Board of Trustees Damien Arrula
City Administrator
Attest: Attest:
By: By:
Secretary to the Board
Approved as to form:
By:
David DeBerry
District Counsel
3 Robert S. McKinnell
City Clerk
Approved as to form:
By:
Christian Bettenhausen
City Attorney
EXHIBIT "A"
District Resolution 2022-05
4 RESOLUTION NO. 2022-05
OF THE BOARD OF TRUSTEES
OF THE PLACENTIA LIBRARY DISTRICT
RESOLUTION APPROVING THE PLACENTIA LIBRARY DISTRICT
LIBRARY IMPACT FEE NEXUS STUDY UPDATE AND REQUESTING THE
PLACENTIA CITY COUNCIL AND IMPLEMENT THE UPDATED LIBRARY
IMPACT FEE PROGRAM ON BEHALF OF THE DISTRICT
WHEREAS, the Board of Trustees ("the District Board") of the Placentia Library District ("District") has determined that current library facilities will not be adequate for future population growth; and
WHEREAS, AB 1600 was adopted and codified in California Government Code Section 66000 et seq. allowing the establishing, increasing, or imposing of a development fee as a condition of approval where the purpose and use of the fee were identified, and reasonable relationship to the development project was demonstrated; and WHEREAS, the District Board approved the District's current library impact fee program on June 26, 2008, by their Resolution No. 08-10; and WHEREAS, the District Board has received and considered the Library Impact Fee Nexus Study Update prepared by SCI Consulting Group dated July 2022, Final Report v1.2 ("Nexus Study Update") that provides all information necessary to meet the requirements of California Government Code Section 66000 et al.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the Board of Trustees of the Placentia Library District that:
1) That the foregoing recitals are true and accurate.
2) The District Board hereby receives and approves the Nexus Study Update, which is on file at the District office and incorporated herein by this reference. 3) The District Board hereby finds that prior to the adoption of this Resolution, the Board conducted a public hearing at which oral and written presentations were made, as part of the Board's regularly scheduled August 15, 2022 meeting. Notice of the time and place of the meeting, including a general explanation of the matter to be considered, was published in a newspaper in accordance with Section 6062a of the California Government Code and at least 30 days prior to the meeting. A copy of said Nexus Study Update was mailed to any interested party who had filed a written request with the District for mailed notice of the meeting on new fees within the period specified by law. Additionally, at least 30 days prior to the meeting the District made available to the public the final Nexus Study Update for review.
4) After considering the Nexus Study Update, this Resolution, and after considering the public testimony, the Board hereby makes the following findings; a) The library impact fees justified by the Nexus Study Update and approved pursuant to this Resolution are for the purpose of funding the cost of new or expanded library facilities to meet the needs of the resident population and nonresident employees generated by new development in the District; and b) The library impact fees justified by the Nexus Study Update and approved pursuant to this Resolution will be used to fund the cost of new or expanded library facilities and administrative costs associated with the library impact fee program; and
c) The uses of the library impact fees justified by the Nexus Study Update and approved pursuant to this Resolution are reasonably related to the types of development projects on which the fees are imposed in that fee revenue will be used to fund new and expanded library facilities to meet the additional demand generated by the residents and employees created by new development. Fee revenue will be deposited into a separate library impact fee account or fund in a manner to avoid any commingling of the fees with other revenues and funds.
The fee revenue will be restricted to the allowable uses described in Nexus Study Update. These actions ensure that a new development project paying the library impact fee will benefit from its use; and
d) The library impact fees justified by the Nexus Study Update and approved pursuant to this Resolution bear a reasonable relationship to the need for library facilities in that each new development project will generate additional need for library services and the associated need for library facilities. The need is defined by the District's existing level of service standards for such facilities; and
e) The Nexus Study Update demonstrates that there is a reasonable relationship between the amount of the library impact fee and the cost of library facilities attributable to the development on which the fee is imposed. For residential library impact fees, library facility costs are defined on a per capita basis and applied to residential land use categories according to their respective average household size. For nonresidential library impact fees, costs are defined on a per employee basis based on a residential equivalent factor and nonresident employee factor and then applied to nonresidential land use categories according to their respective average employment density.
5) The District Board does hereby approve the following updated library impact fees.
Land Use Category
Maximum
Library
Unit' Impact Fee
Single -Family Detached Housing BSQFT $0.72
Single -Family Attached Housing BSQFT $1.08
Mult-Family Housing BSQFT $1.81
Mobile Homes BSQFT $1.08
Accessory Dwelling Unit BSQFT See Note 2
Retail / Commercial BSQFT S0.12
Office BSQFT $0.17
Industrial BSQFT $0.08
Notes:
BSQFT means living area or building area square feet
2 Accessory dwelling units ("ADU s") 750 square feet or less in size are exempt All other ADUs shall be imposed the effective flee of the existing land use category of the parcel upon which the ADU is constructed.
6) The District Board finds pursuant to the California Environmental Quality Act ("CEQA"), this action is not a "project" because the Resolution provides a mechanism for funding the acquisition and development of library facilities but does not involve a commitment to any specific project for such purposes that may result in a potentially significant impact on the environment. (CEQA Guidelines § 15378.)
7) The District Board formally requests that the City of Placentia ("City") Council adopt and impose the updated library impact fee program on behalf of the District. 8) The library impact fee shall be adjusted automatically without further action by the District Board or the City Council on the first day of each fiscal year by the previous 12 -month percentage change as of April in the Engineering News -Record Construction Cost Index for Los Angeles or its successor publication. 9) The District shall, at its own cost and expense, protect, defend, indemnify, and hold harmless the City, it's Councilmembers, officers, employees, and agents, from any and all costs, claims, judgements, or awards of damages, including attorney's fees, arising out of or in any way resulting from the adoption and imposition of the fee or acts or omission of the District, its officers, trustees, employees, or agents, relating in any way to the imposition, collection, refunding, and/or accounting of the fee.
10) If any portion of this Resolution is found by a court of competent jurisdiction to be invalid, such finding shall not affect the validity of the remaining portions of this Resolution.
PASSED AND ADOPTED this 15th day of August 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Carline, Beverage, Dahl, Nelson
None
Martin
None
me rd
Secretaryar
Placentia City Council
AGENDA REPORT
TO: CITY COUNCIL
VIA: CITY ADMINISTRATOR
FROM: DIRECTOR OF DEVELOPMENT SERVICES AND FIRE CHIEF
DATE: NOVEMBER 15, 2022
SUBJECT: PUBLIC HEARING, INTRODUCTION AND FIRST READING OF STATE MANDATED ORDINANCE NO. O-2022-11 OF THE CITY COUNCIL OF THE CITY OF PLACENTIA, CALIFORNIA, REPEALING CHAPTER 18.04 OF TITLE 18 AND CHAPTERS 20.04, 20.08, 20.12, 20.16, 20.20, 20.36, 20.48, 20.52 AND 20.56 OF TITLE 20 OF THE PLACENTIA MUNICIPAL CODE AND ADOPTING BY REFERENCE, THE CALIFORNIA FIRE CODE, 2022 EDITION, THE 2022
EDITIONS OF THE CALIFORNIA BUILDING, RESIDENTIAL, ELECTRICAL, PLUMBING, MECHANICAL, AND GREEN BUILDING STANDARDS CODE, 2021 EDITION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE, 2022 EDITION OF THE CALIFORNIA EXISTING BUILDING CODE, 2022 EDITION OF THE CALIFORNIA HISTORICAL BUILDING CODE AND 2022 CALIFORNIA
ENERGY CODE, INCLUDING ALL APPENDICES, WITH CERTAIN
AMENDMENTS, ADDITIONS AND DELETIONS THERETO, INCLUDING FEES AND PENALTIES; AND ADOPTION OF A RESOLUTION MAKING REQUIRED
FINDINGS PURSUANT TO THE CALIFORNIA HEALTH & SAFETY CODE FISCAL
IMPACT: No fiscal impacts are anticipated with this ordinance as all costs will be recovered through the plan check and inspection process.
SUMMARY:
Every three years the California Building Standards Commission ("CBSC") adopts a new set of State mandated model codes to regulate development and construction projects within the State of California. These model codes are effective for all local jurisdictions unless a jurisdiction adopts local amendments to the model codes. If a jurisdiction amends the model codes, then it is the responsibility of that jurisdiction to adopt the code by reference and the applicable local amendments by January 1st of the year the model codes become effective. With this action, the City Council will conduct a Public Hearing to consider the 2022 Fire and Building related Codes and obtain public input regarding the proposed amendments recommended by Staff.
RECOMMENDATION:
It is recommended that the City Council:
1. Open the Public Hearing concerning Ordinance No. O-2022-11; and
2.d.
Nov 15, 2022
City Council Agenda
November 15, 2022
Building and Fire Code Adoption
2. Receive the Staff Report and consider all Public Testimony; and
3. Close the Public Hearing; and
4. Find that the recommended actions are exempt from environmental review and direct Staff to file a Notice of Exemption, pursuant to CEQA Section 15061(b)(3) of the CEQA Guidelines, Section 21065 of the Public Resources Code, and the City of Placentia Local Guidelines for implementing CEQA; and
5. Waive full reading, by title only, and introduce for first reading Ordinance No. O-2022-11, An Ordinance of the City Council of the City of Placentia, California, finding that adoption of 2022 Fire and Building related Codes is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Section 15061(B)(3) and, repealing Chapter 18.04 of Title 18 and Chapters 20.04, 20.08, 20.12, 20.16, 20.20, 20.46, 20.48, 20.50, 20.52 and
20.54 of Title 20 of the Placentia Municipal Code and adopting by reference, the Califomia Fire Code, 2022 Edition, the 2022 Editions of the Califomia Building, Residential, Electrical, Plumbing, Mechanical, and Green Building Standards Code, 2021 Edition of the International Property Maintenance Code, 2022 Edition of the Califomia Existing Building Code, 2022 Edition of the California Historical Building Code and 2022 Califomia Energy Code, including all appendices, with certain amendments, additions and deletions thereto, including fees and penalties; and
6. Adopt Resolution No. R-2022-80, A Resolution of the City Council of the City of Placentia making required findings pertaining to modifications to the uniform fire and construction codes adopted by Ordinance No. O-2022-11 based upon local climatic, topographic and geologic conditions in accordance with the requirements of § 17958.5 of the California Health and Safety Code.
STRATEGIC PLAN STATEMENT:
This item is consistent with the City Council approved 5 -Year Strategic Goal to:
Promote Community and Economic Development, Goal 3, as this item will serve to facilitate the orderly and safe construction of buildings citywide. This item is also consistent with Goal 2: Ensure that Public Safety Continues to be a High Priority, in that updating the Fire and Broiling Codes will result in safer buildings and structures, reducing exposure for Fire personnel in an emergency.
BACKGROUND:
The CBSC reviews and revises the model codes that regulate development and construction projects within the State of California every three years. The new model codes are then adopted by the State. California adopted the model codes in July 2022, with an effective date of January 1, 2023. Although the models are effective without local adoption, local adoption permits a city to amend the codes to reflect local conditions. The State Fire Marshal is responsible for adopting the Fire Code updates and the City adopts the code with local amendments.
City Council Agenda
November 15, 2022
Building and Fire Code Adoption
DISCUSSION:
The City's Building and Fire Authorities participated with other Orange County jurisdictions in reviewing the updated codes as adopted by the CBSC and the Fire Code as adopted by the State Fire Marshal. There are a total of eleven relevant codes which have been revised for the 2022 cycle and adopted by the State as follows:
• 2022 California Building Code • 2022 California Plumbing Code • 2022 California Mechanical Code • 2022 California Electrical Code • 2022 California Green Building Standards Code • 2022 California Residential Code • 2022 California Fire Code (State Fire Marshal) • 2022 California Energy Code • 2022 California Historical Building Code • 2022 California Existing Building Code • 2021 International Property Maintenance Code
Per California Government Code § 50022.2, the model codes may be adopted by reference, without the necessity of publishing the entirety of the model codes. Local adoption of such codes is mandated on January 1, 2020 and requires approval of the City Council. Prior to such adoption, jurisdictional bodies may amend said codes if such amendments are justified on the basis of a local climatic, local geological or local topographical condition which makes such amendments necessary. The proposed local amendments reflect local climactic, geographic, or geological conditions that are unique to Placentia.
The City Attorney's Office in conjunction with the City's Building Division, Development Services Director, Contract Building Official, Contract Fire Marshal and Fire personnel have completed a thorough analysis of the State Codes and developed a locally amended version for consideration of adoption. A detailed listing of the local amendments proposed for adoption is set forth in the attached Resolution.
Prepared by:
Joseph,MMM. Lamert
Director of Development Services
R:Viewed`�nd approved:
Ja bine
Fire Chie
Reviewed and approved:
Damp - ! • a
City Administrator
Attachments:
1. City Council Ordinance No. O-2022-11 adopting Updated Building and Fire Codes
2. Resolution No. R-2022-80 — Local Amendments to CA Building and CA Fire Codes
ORDINANCE NO. O-2022-11
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLACENTIA, CALIFORNIA, FINDING THAT ADOPTION OF 2022 FIRE AND BUILDING
RELATED CODES IS EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA
SECTION 15061(B)(3) AND, REPEALING CHAPTER 18.04 OF TITLE 18 AND CHAPTERS 20.04, 20.08, 20.12, 20.16, 20.20, 20.46, 20.48, 20.50,
20.52 AND 20.54 OF TITLE 20 OF THE PLACENTIA MUNICIPAL CODE AND ADOPTING BY REFERENCE, THE CALIFORNIA FIRE CODE, 2022 EDITION, THE 2022 EDITIONS OF THE CALIFORNIA BUILDING,
RESIDENTIAL, ELECTRICAL, PLUMBING, MECHANICAL, AND GREEN BUILDING STANDARDS CODE, 2021 EDITION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE, 2022 EDITION OF THE CALIFORNIA EXISTING BUILDING CODE, 2022 EDITION OF THE CALIFORNIA
HISTORICAL BUILDING CODE AND 2022 CALIFORNIA ENERGY CODE,
INCLUDING ALL APPENDICES, WITH CERTAIN AMENDMENTS,
ADDITIONS AND DELETIONS THERETO, INCLUDING FEES AND
PENALTIES
City Attorney's Summary
This Ordinance repeals existing provisions of Titles 18 and 20 of the Placentia Municipal Code and adopts new standards and codes regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises in the City as well as prescribing regulations for erecting, construction, enlargement, alteration, repair, improving, removal, conversion, demolition, occupancy, equipment use, height, and area of buildings and structures. This Ordinance adopts, by reference, the California Fire Code, 2022 Edition, and codes adopted by the California Building Standards Commission, including the California Building Code, 2022 Edition, the California Residential Code, 2022 Edition, the California Green Building Standards Code, 2022 Edition; the California Plumbing Code, 2022 Edition, the California Mechanical Code, 2022 Edition, the California Electrical Code, 2022 Edition, the 2021 Edition of the International Property Maintenance Code, the 2022 Edition of the California Existing Building Code, the 2022 Edition of the California Historical Building Code, the California Energy Code, 2022 Edition and provides for the issuance of permits and collection of fees therefor and establishing penalties for violation(s) thereof.
A. Recitals.
1. WHEREAS, pursuant to California Government Code Section 50022.1 et seq. the City of Placentia may adopt by reference the California Building Standards Code, 2022 Edition as provided in Title 24 of the California Code of Regulations and other model codes; and
2. WHEREAS, the California Building Standards Commission ("Commission") recently adopted the 2022 Edition of the California Building Standards Code; and
3. WHEREAS, California Health and Safety Code Section 17958.7 and 18941.5 authorize cities to adopt the California Building Standards Code with modifications Ordinance O-2022-11 1
Page
determined to be reasonably necessary because of local climatic, geological or topographical conditions; and
4. WHEREAS, the City desires to adopt the California Building Standards Code and other model codes with the necessary amendments to assure the Codes are tailored to the particular safety needs of the City as required by its unique climatic, geological and topographical conditions; and
5. WHEREAS, the Building Official has recommended that changes and modifications be made to the California Building Standards Code, and have advised that certain changes and modifications to said Code are reasonably necessary due to local conditions within the City, and have further advised that the remainder of the said changes and modifications are of an administrative or procedural nature, or concern themselves with subjects not covered by the Code, or are reasonably necessary to safeguard life and property within the City; and
6. WHEREAS, the Fire Marshall and Building Official have recommended that changes and modifications be made to the California Building Standards Code, which are necessary for administrative clarification and to establish administrative standards for the effective enforcement of the building standards of the City and do not modify a building standard pursuant to California Health & Safety Code Section 17958, 17958.7, and/or 18941.5; and
7. WHEREAS, the City held a public hearing on November 15, 2022, at which time all interested persons had the opportunity to appear and be heard on the matter of adopting the Codes as amended herein; and
8. WHEREAS, the City published notice of the aforementioned public hearing pursuant to California Government Code Section 6066 on November 3, 2022 and November 10, 2022; and
9. WHEREAS, any and all other legal prerequisites relating to the adoption of this Ordinance have occurred.
B. Ordinance.
The City Council of the City of Placentia does ordain as follows:
SECTION 1. In all respects as set forth in the Recitals, Part A., of this Ordinance.
SECTION 2. Purpose. The purpose of this ordinance is to adopt by reference the latest edition of the California Fire Code, 2022 Edition, and the California Building Code, 2022 Edition, the California Residential Code, 2022 Edition, the California Green Building Standards Code, 2022 Edition; the California Plumbing Code, 2022 Edition, the California Mechanical Code, 2022 Edition, the California Electrical Code, 2022 Edition, the 2021 Edition of the International Property Maintenance Code, the 2022 Edition of the California Existing Building Code, the 2022 Edition of the California Historical Building Code.
SECTION 3. Authority. Pursuant to Government Code section 50022.2, the City Council adopts this ordinance adopting by reference the California Building Standards 2 Code (California Code of Regulations, Title 24) as required and/or permitted by state statutes, including Health and Safety Code sections 17922, 18938 and 18941.5.
SECTION 4. Findings. The City Council made findings that the proposed amendments to the Codes are reasonably necessary because of local climatic, geologic or topographic conditions. The findings are supported and based upon the express findings and determinations, set forth in Resolution No. R-2022-80, adopted November 15, 2022.
SECTION 5. CEQA. The adoption of updated Building and Fire Codes has been reviewed by staff in accordance with the California Environmental Quality Act ("CEQA") and the CEQA Guidelines and the City of Placentia Local Guidelines for implementing CEQA and the City Council hereby determines that the adoption of this Ordinance is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines, Section 21065 of the Public Resources Code and the City of Placentia Local Guidelines for implementing CEQA.
SECTION 6. Amendment. Chapter 18.04 of Title 18 and Chapters 20.04, 20.08,
20.12, 20.16, 20.20, 20.46, 20.48, 20.50, 20.52 and 20.54 of Title 20 of the Placentia Municipal Code hereby are repealed, in their entirety; provided, however, that said repeal shall not vitiate any permit or entitlement issued thereunder and, further, said repeal shall not apply to or excuse any violation(s) thereof occurring prior to the effective date of this ordinance and provided further that the codes thereby adopted, as previously adopted by reference and amended by ordinances of this City, shall continue to be applicable to construction wherein plans have been submitted for plan check as of the effective date of this ordinance so long as the initial permit therefor is issued no later than thirty (30) days after the effective date of this Ordinance.
SECTION 7. A new Chapter 18.04 hereby is added to Title 18 of the Placentia Municipal Code to read, in words and figures, as follows:
"Chapter 18.04
California Fire Code, 2022 Edition
Sections:
18.04.010 Title
18.04.020 Purpose
18.04.030 Adoption of Fire Code
18.04.040 Definition of Terms
18.04.050 Amendments to Fire Code
18.04.060 Enforcement and Inspections
18.04.070 Fees
18.04.080 Copy filed
Section 18.04.010 - Title.
This Chapter shall be known as the `Placentia Fire Code. 3 Section 18.04.020 - Purpose.
The purpose of this chapter is to prescribe regulations and govern the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises as herein provided.
Section 18.04.030 - Adoption of Fire Code.
There hereby is adopted as the `Placentia Fire Code,' except as otherwise provided in this Chapter, those certain fire codes know and designated as the California Fire Code 2022 Edition based on the 2021 International Fire Code as published by the "International Code Council", shall become the fire code of the City for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conservation, occupancy, equipment, use, height, area and maintenance of all buildings and/or structures in the City for all fire related issues. The California Fire Code and its appendix chapters will be on file for public examination in the office of the Building Official/Fire Marshal and the City Clerk's office. Whenever the California Code of Regulations and State Building Standards Code of Regulations differ from any provision of the Placentia Fire Code, said State regulations shall prevail over the provisions of the Placentia Fire Code except as specifically modified herein.
Section 18.04.040 - Definition of Terms.
Whenever any of the following names or terms are used in the California Fire Code, each such name or term shall be deemed and construed to have the meaning ascribed to it in this section as follows:
(A) `Building department' means the `building division' of the City. (B) `Building official' means the chief building official of the City as appointed by the City Administrator of the City, or his or her designee. (C) `City' means the City of Placentia.
(D) 'Fire code official' means the Chief of the Placentia Fire and Life Safety Department or other individual as appointed by the City Administrator of the City, or his or her designee.
(E) `Jurisdiction' means the City of Placentia.
(F) `Local Enforcing Agency' means the agency for which the Fire Code Official performs its duties and/or the City.
(G) `OCFA' means Orange County Fire Authority.
Section 18.04.050 - Amendments to Fire Code.
4 The following provisions of the California Fire Code hereby are amended to read, in words and figures, as follows:
Chapter 1
Scope and Administration
Chapter 1 Scope and Administration is adopted in its entirety with the following amendments:
Section 112.4 Violation penalties is hereby revised as follows: Infraction, Misdemeanor, as follows:
112.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of either a misdemeanor, infraction or both as prescribed in Section 112.4.2 and 112.4.3. Penalties shall be as prescribed in local ordinance. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
Sections 112.4.2 Infraction is hereby added as follows:
112.4.2 Infraction. Except as provided in Section 112.4.3, persons operating or maintaining any occupancy, premises or vehicle subject to this code that shall permit any fire or life safety hazard to exist on premises under their control shall be guilty of an infraction.
Sections 112.4.3 Misdemeanor is hereby added as follows:
112.4.3 Misdemeanor. Persons who fail to take immediate action to abate a fire or life safety hazard when ordered or notified to do so by the chief or a duly authorized representative, or who violate the following sections of this code, shall be guilty of a misdemeanor:
104.12.2 Obstructing operations
104.12.3 Systems and Devices
109.6 Overcrowding
112.3.2 Compliance with Orders and Notices
113.4 Failure to comply
305.4 Deliberate or negligent burning
308.1.2 Throwing or placing sources of ignition
310.7 Burning Objects
3107.4Open or exposed flames
5 Chapter 2
Definitions
Chapter 2 Definitions is adopted in its entirety with the following amendments:
Sections 202 General Definitions is hereby revised by adding" "Flow -line" and "Hazardous Fire Area,"" as follows:
202 General Definitions
FLOW -LINE. The lowest continuous elevation on a curb defined by the path traced by a particle in a moving body of water at the bottom of the rolled curb.
SPARK ARRESTER. A listed device constructed of noncombustible material specifically for the purpose of meeting one of the following conditions:
1. Removing and retaining carbon and other flammable particles/debris from the exhaust flow of an internal combustion engine in accordance with California Vehicle Code Section 38366.
2. Fireplaces that burn solid fuel in accordance with California Building Code Chapter 28.
Chapter 3
General Requirements
Chapter 3 General Requirements is adopted in its entirety with the following amendments:
Section 304.1.2 Vegetation is hereby revised as follows:
304.1.2 Vegetation. Weeds, grass, vines or other growth that is capable of being ignited and endangering property, shall be cut down and removed by the owner or occupant of the premises. Vegetation clearance requirement in urban-wildland interface areas shall be in accordance with Chapter 49 and City of Placentia vegetation management guidelines.
Section 305.6 Disposal of Rubbish is hereby added as follows:
305.6 Disposal of rubbish. Rubbish, trash or combustible waste material shall be burned only within an approved incinerator and in accordance with Section 307.2.1.
Section 307.6 Outdoor Fireplaces, Fire Pits, Fire Rings, or similar devices used at Group R Occupancies is hereby added as follows:
6 307.6 Outdoor Fireplaces, Fire Pits, Fire Rings, or similar devices used at Group R Occupancies. Outdoor fireplaces, fire pits, fire rings, or similar exterior devices used at Group R occupancies shall comply with this section.
Exception: Barbeques, grills, and other portable devices intended solely for cooking.
Section 307.6.1 Gas -fueled devices is hereby added as follows:
307.6.1 Gas -fueled devices. Outdoor fireplaces, fire pits and similar devices fueled by natural gas or liquefied -petroleum gas are allowed when approved by the Building Department and the device is designed to only burn a gas flame and not wood or other solid fuel. At R-3 occupancies, combustible construction and vegetation shall not be located within three feet of an atmospheric column that extends vertically from the perimeter of the device. At other R occupancies, the minimum distance shall be ten feet. Where a permanent Building Department approved hood and vent is installed, combustible construction may encroach upon this column between the bottom of the hood and the vent opening. Where chimneys or vents are installed, they shall have a spark arrester as defined in Section 202.
Section 307.6.2 Devices using wood or fuels other than natural gas or liquefied - petroleum gas is hereby added as follows:
307.6.2 Devices using wood or fuels other than natural gas or liquefied - petroleum gas. Permanent outdoor fireplaces burning wood or other solid fuel shall be constructed in accordance with the California Building Code with clearance from combustible construction and building openings as required therein. Fires in a fireplace shall be contained within a firebox with an attached chimney. The opening in the face of the firebox shall have an installed and maintained method of arresting sparks.
The burning of wood or other solid fuel in a device is not allowed within 25 feet of combustible structures unless within an approved permanent fireplace, Conditions which could cause a fire to spread within 25 feet of a structure or to vegetation shall be eliminated prior to ignition. Fires in devices burning wood or solid fuel shall be in accordance with Sections 305, 307, and 308.
Exceptions:
Portable fireplaces and fire rings/pits equipped with a device to arrest sparks shall be located at least 3' from combustible construction at R-3 occupancies,
Portable fireplaces, and fire pits/rings equipped with a device to arrest sparks, shall be located at least 15 feet from combustible structures at other R occupancies.
Section 307.6.2.1 Where prohibited is hereby added as follows:
307.6.2.1 Where prohibited. The burning of wood and other solid fuels shall not be conducted within a fuel modification zone, Wildfire Risk Area (WRA), Wildland- 7 Urban Interface Area (WUI), or in locations where conditions could cause the spread of fire to the WRA or WUI.
Exceptions:
1. Permanent fireplaces that are not located in a fuel modification zone
2. Where determined by the Fire Code Official that the location or design of the device should reasonably prevent the start of a wildfire.
Section 324 Fuel Modification Requirements for New Construction is hereby added as follows:
324 Fuel Modification Requirements for New Construction. All new buildings to be built or installed in areas with or adjacent to land having hazardous combustible vegetation shall comply with the requirements in the edition of City of Placentia Vegetation Management Guidelines currently in use at the time of plan submittal.
Section 325 Clearance of brush or vegetation growth from roadways is hereby added as follows:
325 Clearance of brush or vegetation growth from roadways. The fire code official is authorized to cause areas within 10 feet (3048 mm) on each side of portions of highways and private streets which are improved, designed or ordinarily used for vehicular traffic, to be cleared of flammable vegetation and other combustible growth. Measurement shall be from the flow -line or the end of the improved edge of the roadway surfaces.
Exception: Single specimens of trees, ornamental shrubbery or cultivated ground cover such as green grass, ivy, succulents or similar plants used as ground covers, provided that they do not form a means of readily transmitting fire.
Section 326 Unusual Circumstances is hereby added as follows:
326 Unusual circumstances. The fire code official may suspend enforcement of the vegetation management requirements and require reasonable alternative measures designed to advance the purpose of this code if determined that in any specific case that any of the following conditions exist:
1. Difficult terrain.
2. Danger of erosion.
3. Presence of plants included in any state and federal resources agencies, California Native Plant Society and county -approved list of wildlife, plants, rare, endangered and/or threatened species.
4. Stands or groves of trees or heritage trees.
5. Other unusual circumstances that make strict compliance with the clearance of vegetation provisions undesirable or impractical.
Section 327 Use of Equipment is hereby added as follows:
327 Use of equipment. Except as otherwise provided in this section, no person shall use, operate, or cause to be operated in, upon or adjoining any hazardous fire 8 area any internal combustion engine which uses hydrocarbon fuels, unless the engine is equipped with a spark arrester as defined in Section 327.1 maintained in effective working order, or the engine is constructed, equipped and maintained for the prevention of fire.
Exceptions:
1. Engines used to provide motor power for trucks, truck tractors, buses, and passenger vehicles, except motorcycles, are not subject to this section if the exhaust system is equipped with a muffler as defined in the Vehicle Code of the State of California.
2. Turbocharged engines are not subject to this section if all exhausted gases pass through the rotating turbine wheel, there is no exhaust bypass to the atmosphere, and the turbocharger is in good mechanical condition
Section 327.1 Spark Arresters is hereby added as follows:
327.1 Spark arresters. Spark arresters shall comply with the following:
1. A spark arrester is a device constructed of nonflammable material specifically for the purpose of removing and retaining carbon and other flammable particles over 0.0232 of an inch (0.58 mm) in size from the exhaust flow of an internal combustion engine that uses hydrocarbon fuels or which is qualified and rated by the United States Forest Service.
2. Spark arresters affixed to the exhaust system of engines or vehicles subject to Section 324 shall not be placed or mounted in such a manner as to allow flames or heat from the exhaust system to ignite any flammable material.
Section 328 Restricted Entry is hereby added as follows:
328 Restricted entry. The fire code official shall determine and publicly announce when hazardous fire areas shall be closed to entry and when such areas shall again be opened to entry. Entry on and occupation of hazardous fire areas, except public roadways, inhabited areas or established trails and camp sites which have not been closed during such time when the hazardous fire area is closed to entry, is prohibited.
Exceptions:
1. Residents and owners of private property within hazardous fire areas and their invitees and guests going to or being upon their lands.
2. Entry, in the course of duty, by peace or police officers, and other duly authorized public officers, members of a fire department and members of the United States Forest Service.
Section 329 Trespassing on posted property is hereby added as follows:
329 Trespassing on posted property. When the fire code official determines that a specific area within a hazardous fire area presents an exceptional and continuing 9 fire danger because of the density of natural growth, difficulty of terrain, proximity to structures or accessibility to the public, such areas shall be closed until changed conditions warrant termination of closure. Such areas shall be posted as hereinafter provided.
1. Signs. Approved signs prohibiting entry by unauthorized persons and referring to applicable fire code chapters shall be placed on every closed area
2. Trespassing. Entering and remaining within areas closed and posted is prohibited.
Exception: Owners and occupiers of private or public property within closed and posted areas, their guests or invitees, and local, state and federal public officers and their authorized agents acting in the course of duty.
Chapter 4
Emergency Planning and Preparedness
Chapter 4: Emergency Planning and Preparedness Adopt only the Sections listed below:
1. 401-401.9
2. 402
3. 403.1
4. 403.2
5. 403.4-403.4.4
6. 403.10.2.1.1
7. 403..12 — 403.12.3
8. 404.5— 404.6.6
9. 407
Chapter 5
Fire Service Features
Chapter 5 Fire Service Features is adopted in its entirety with the following amendments:
SECTION 501.1 Scope is revised as follows:
501.1 Scope. Fire service features for buildings, structures and premises shall comply with this chapter and the City of Placentia Guideline for Fire Department Access & Water Requires for Commercial & Residential Development, and the City of Placentia Guideline for Underground Piping for Private Hydrants & Sprinkler Supply Line. 10 SECTION 504.5 Escape Windows is added as follows:
504.5 Escape window access. Where escape windows are required by Section 1031.2, fire department access shall be provided to the escape window. An unobstructed setback area shall be provided. The minimum setback distance shall be calculated ((H/5)+2)+P= Clear space required.
Where:
H = Height of the windowsill measured from the exterior ground surface P = 3' ladder pad
SECTION 504.5 .1 Ladder Pad is added as follows:
504.5.1 Ladder Pad. Where a laddering pad is required, it shall be free of obstructions and vegetation for a minimum of 3 -foot x 3 -foot area. The laddering pad shall be a firm surface such as compacted decomposed granite, concrete, pavers, or asphalt. The laddering pad shall be placed at a distance from the structure as calculated by Section 504.5.
Chapter 6
Building Services and Systems
Chapter 6 Building Services and Systems is adopted in its entirety without amendments.
Chapter 7
Fire and Smoke Protection
Chapter 7 Fire and Smoke Protection is adopted in its entirety without amendments.
Chapter 8
Interior Finish, Decorative Materials and Furnishings
Chapter 8 Interior Finish, Decorative Materials and Furnishings is adopted in its entirety without amendments.
Chapter 9
Fire Protection and Life Safety Systems
Chapter 9 Fire Protection and Life Safety Systems is adopted in its entirety with the following amendments:
SECTION 903.2, Where required, is hereby amended as follows:
903.2 Where required. Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in this section as follows:
11 a) New buildings: In addition to the requirements of section 903.2.1 through 903.2.21, approved automatic sprinkler systems in new buildings and structures shall be provided when the gross area of the building exceeds 5,000 ft2 or more than two-story high.
Exception: Group R-3, occupancies shall comply with sections 903.2.8 b) Alteration: When the floor area of the Alteration within any two-year period exceeds
75% of area of the existing structure and the alteration includes structural modifications other than seismic upgrade.
c) Addition: Sprinkler protection shall be provided throughout the entire building when
1. Existing building less than 5,000 ft2: where 33% or more is added and the gross floor areas exceeds 5,000 ft2.
2. Existing building equal or greater than 5,000 ft2: where more than 2,000 ft2 is added.
SECTION 903.2.8, Group R, is hereby amended as follows:
903.2.8. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area as follows:
1. New buildings: An automatic sprinkler system shall be installed throughout all new buildings.
2. Existing buildings: An automatic sprinkler system shall be installed throughout when one of the following conditions exists:
a) When an addition is 50% or more of the existing building area, as defined in Section 502.1, or greater than 1000 square feet (92.903 m2) within a two year period; or
b) An addition when the existing building is already provided with automatic sprinklers; or
c) When an existing Group R Occupancy is being substantially renovated, and where the scope of the renovation is such that the Building Code Official determined that the complexity of installing a sprinkler system would be similar as in a new building.
SECTION 903.2.10 Group S-2, is hereby amended as follows:
903.2.10: Group S-2 Parking Garages. An automatic sprinkler system shall be provided throughout buildings classified as parking garages.
SECTION 903.2.10.1, Commercial Parking Garages, is hereby deleted without replacement.
12 Section 903.3.5.3 Hydraulically calculated systems is hereby added as follows:
903.3.5.3 Hydraulically calculated systems. The design of hydraulically calculated fire sprinkler systems shall not exceed 90% of the water supply capacity Exception: When static pressure exceeds 100 psi, and required by the Fire Code Official, the fire sprinkler system shall not exceed water supply capacity specified by Table 903.3.5.3
TABLE 903.3.5.3
Hydraulically Calculated Systems
Design
7L
80 85
90100 110
PSI
120 130 140 150
SECTION 903.4, Sprinkler system supervision and alarms, is hereby amended by modifying item 1, deleting item 5 and 8, and renumbering the Exceptions as follows:
Exceptions:
1. Automatic sprinkler systems protecting one- and two-family dwellings.
Exterior alarm specified by Section 903.4.2 shall apply.
2. Limited area systems serving fewer than 20 sprinklers.
3. Automatic sprinkler systems installed in accordance with NFPA 13R where the common supply main is used to supply both the domestic and automatic sprinkler system, and a separate shutoff valve for automatic sprinkler system is not provided.
4. Jockey pump control valves that are sealed or locked in the open position.
5. Valves controlling the fuel supply to fire pump engines that are sealed or locked in the open position.
6. Trim valves to pressure switches in dry, pre -action and deluge sprinkler systems that are sealed or locked in the open position.
Chapter 10
Means of Egress
Chapter 10 Means of Egress is adopted in its entirety without amendments Chapter 11
13 Construction Requirements for Existing Buildings
Chapter 11 Construction Requirements for Existing Buildings. Adopt only those Sections and Subsections listed below:
1. 11.3.3.3
2. 1103.7
3. 1103.7.3
4. 1103.7.3.1
5. 1103.7.8 - 1103.7.8.2
6. 1103.7.9 - 1103.7.9.10
7. 1103.8 - 1103.8.5.3
8. 1103.9.1
9. 1107
10.1113
11.1114
12.1115
13.1116
Chapter 12
Energy Systems
Chapter 20 Energy Systems is adopted in its entirety with the following amendments:
Section 1205.2 Access and Pathways.
Exception 3. Building -Integrated Photovoltaic (BIPV) systems where the BIPV systems are approved, integrated into the finished roof surface and are listed in accordance with a national test standard developed to address Section 690.12(B)(2) of the California Electrical Code. The removal or cutting away of portions of the BIPV system during firefighting operations shall not expose a firefighter to electrical shock hazard and smoke ventilation opportunity areas have been identified.
Chapter 20
Aviation Facilities
Chapter 20 Aviation Facilities is adopted in its entirety without amendments:
Chapter 21
Dry Cleaning
Chapter 21 Dry Cleaning is adopted in its entirety without amendments.
Chapter 22
Combustible Dust -Producing Operations
Chapter 22 Combustible Dust -Producing Operations is adopted in its entirety without amendments.
Chapter 23
Motor Fuel -Dispensing Facilities and Repair Garages
Chapter 23 Motor Fuel -Dispensing Facilities and Repair Garages is adopted in its entirety without amendments.
Chapter 24
Flammable Finishes
14 Chapter 24 Flammable Finishes is adopted in its entirety without amendments.
Chapter 25
Fruit and Crop Ripening
Chapter 25 Fruit and Crop Ripening is adopted in its entirety without amendments.
Chapter 26
Fumigation and Thermal Insecticidal Fogging
Chapter 26 Fumigation and Thermal Insecticidal Fogging is adopted in its entirety without amendments.
Chapter 27
Semiconductor Fabrication Facilities
Chapter 27 Semiconductor Fabrication Facilities is adopted in its entirety without amendments
Chapter 28
Lumber Yards and Agro-Industrial, solid Biomass and Woodworking Facilities Chapter 28 Lumber Yards and Agro-Industrial, Solid Biomass, and Woodworking Facilities is adopted in its entirety without amendments:
Chapter 29
Manufacture of Organic Coatings
Chapter 29 Manufacture of Organic Coatings is adopted in its entirety without amendments.
Chapter 30
Industrial Ovens
Chapter 30 Industrial Ovens is adopted in its entirety without amendments.
Chapter 31
Tents, Temporary Special Event Structures and Other Membrane Structures Chapter 31 Tents, Temporary Special Event Structures and Other Membrane Structures is adopted in its entirety without amendments.
Chapter 32
High -Piled Combustible Storage
Chapter 32 High -Piled Combustible Storage is adopted in its entirety without amendments.
Chapter 33
Fire Safety During Construction and Demolition
Chapter 33 Fire Safety During Construction and Demolition is adopted in its entirety without amendments.
Chapter 34
Tire Rebuilding and Tire Storage
Chapter 34 Tire Rebuilding and Tire Storage is adopted in its entirety without amendments.
Chapter 35
15 Welding and Other Hot Work
Chapter 35 Welding and Other Hot Work is adopted in its entirety without amendments.
Chapter 36
Marinas
Chapter 36 Marinas is adopted in its entirety without amendments.
Chapter 37
Combustible Fibers
Chapter 37 Aviation Facilities is adopted in its entirety without amendments:
Chapter 38
Higher Education Laboratories
Chapter 38 Higher Education Laboratories is adopted in its entirety without amendments:
Chapter 39
Processing and Extraction Facilities
Chapter 39 Processing and Extraction Facilities is adopted in its entirety without amendments:
Chapter 40
Storage of Distilled Spirits and Wines
Chapter 40 Storage of Distilled Spirits and Wines is adopted in its entirety without amendments:
Chapter 48
Motion Picture and Television Production Studio Sound Stages, Approved Production Facilities and Production Locations
Chapter 48 Motion Picture and Television Production Studio Sound Stages, Approved Production Facilities and Production Locations is adopted in its entirety without amendments.
Chapter 49
Requirements for Wildland-Urban Interface Fire Areas
Chapter 49 Requirements for Wildland-Urban Interface Fire Areas is adopted in its entirety with the following amendments:
Section 4906.2 Application. is hereby revised by as follows:
4906.2 Application. All new plantings of vegetation in State Responsibility Areas (SRA) and Local Responsibility Areas (LRA) designated as a Very High Fire Hazard Severity Zone shall comply with Sections 4906.3 through 4906.5.3 and I City of Placentia Vegetation Management Guidelines.
Section 4911 Fuel Modification Requirements for New Construction is hereby added as follows:
16 4911 Fuel Modification Requirements for New Construction. All new buildings to be built or installed in hazardous fire areas shall comply with the following:
1. Preliminary fuel modification plans shall be submitted to and approved by the fire code official concurrent with the submittal for approval of any tentative map.
2. Final fuel modification plans shall be submitted to and approved by the fire code official prior to the issuance of a grading permit.
2.1 The fuel modification plan shall include provisions for the maintenance of the fuel modification for perpetuity.
3. The fuel modification plans shall meet the criteria set forth in the Fuel Modification Section of the City of Placentia Vegetation Management Guidelines.
4. The fuel modification plan may be altered if conditions change. Any alterations to the fuel modification areas shall have prior approval from the fire code official.
5. All elements of the fuel modification plan shall be maintained in accordance with the approved plan and are subject to the enforcement process outlined in the Fire Code.
Chapter 50
Hazardous Materials — General Provisions
Chapter 50 Hazardous Materials — General Provisions is adopted in its entirely with the following amendments.
Section 5001.5.2 Hazardous Materials Inventory Statement (HMIS), is hereby amended by modifying the starting paragraph as follows:
5001.5.2 Hazardous Materials Inventory Statement (HMIS). Where required by the fire code official, an application for a permit shall include City of Placentia Chemical Classification Packet, which shall be completed and approved prior to approval of plans, and/or the storage, use or handling of chemicals on the premises. The Chemical Classification Packet shall include the following information and formatted as specified in the City of Placentia Chemical Classification Packet:
1. Product Name
2. Component
3. Chemical Abstract Service (CAS) number
4. Location where stored or used.
5. Container size
6. Hazard classification
7. Amount in storage
8. Amount in use -closed systems
9. Amount in use -open systems.
Section 5003.1.1.1 Extremely Hazardous Material is hereby added as follows:
5003.1.1.1 Extremely Hazardous Substances. No person shall use or store any amount of extremely hazardous substances (EHS) in excess of the disclosable amounts 17 (see Health and Safety Code Section 25500 et al) in a residential zoned or any residentially developed property
Chapter 51
Aerosols
Chapter 51 Aerosols is adopted in its entirety without amendments.
Chapter 53
Compressed Gases
Chapter 53 Compressed Gases is adopted in its entirety without amendments.
Chapter 54
Corrosive Materials
Chapter 54 Corrosive materials is adopted in its entirety without amendments.
Chapter 55
Cryogenic Fluids
Chapter 55 Cryogenic Fluids is adopted in its entirety without amendments.
Chapter 56
Explosives and Fireworks
Chapter 56 Explosives and Fireworks California Fire Code Chapter 56 is adopted in its entirety with the following amendments:
Section 5601.2.5 Retail Fireworks is hereby added as follows:
5601.2.5 Retail Fireworks. The storage, use, sale, possession, and handling of fireworks 1.4G (commonly referred to as Safe & Sane) and fireworks 1.3G is prohibited.
Exception: Fireworks 1.4G and fireworks 1.3G may be part of an electrically fired public display when permitted and conducted by a licensed pyrotechnic operator
Section 5601.3.6 Seizure of Fireworks is hereby added as follows:
5601.3.6 Seizure of Fireworks. The fire code official shall have the authority to seize, take, remove all fireworks stored, sold, offered for sale, used or handled in violation of the provisions of Title 19 CCR, Chapter 6. Any seizure or removal pursuant to this section shall be in compliance with all applicable statutory, constitutional, and decisional law.
Section 5608.2 Firing is hereby added as follows:
5608.2 Firing. All fireworks displays shall be electrically fired.
Section 5614 Explosives and blasting is hereby added as follows:
5614 Explosives and blasting. Explosives shall not be possessed, kept, stored, sold, offered for sale, given away, used, discharged, transported or disposed of within wildland-urban interface areas, or hazardous fire areas except by permit from the fire code official.
18 Chapter 57
Flammable and Combustible Liquids
Chapter 57 Flammable and Combustible Liquids is adopted in its entirety with the following amendments.
Section 5704.2.3.2 Label or placard is hereby amended by modifying the NFPA standard as follows:
5704.2.3.2 Label or placard. Tanks more than 100 gallons (379 L) in capacity, which are permanently installed or mounted and used for the storage of Class I, II or I II liquids, shall bear a label and placard identifying the material therein.
Placards shall be 3" red letters on white background and made of durable materiel.
Section 5707 On Demand Mobile Fueling Operations hereby amended by as follows:
Sections 5707.1 General. On -demand mobile fueling operations that dispense Class I, II and III liquids into the fuel tanks of motor vehicles shall be prohibited.
Sections 5707.2 through 5707.6 is hereby deleted without replacement.
Chapter 58
Flammable Gases and Flammable Cryogenic Fluids
Chapter 58 Flammable Gases and Flammable Cryogenic Fluids is adopted in its entirety with the following amendment.
Section 5801.1 Scope is hereby revised as follows:
5801.1 Scope. The storage and use of flammable gases and flammable cryogenic fluids shall be in accordance with this chapter, NFPA 2 and NFPA 55. Compressed gases shall also comply with Chapter 53 and cryogenic fluids shall also comply with Chapter 55.
Flammable cryogenic fluids shall comply with Section 5806. Hydrogen motor fuel - dispensing stations and repair garages and their associated above -ground hydrogen storage systems shall also be designed, constructed and maintained in accordance with Chapter 23. Mobile fueling of hydrogen -fueled vehicles shall comply with Section 5809.
Development of projects within 300 feet of active or abandoned oil well shall comply with Placentia Combustible Soil Has Hazard Mitigation Guideline.
Chapter 59
Flammable Solids
Chapter 59 Flammable Solids is adopted in its entirety without amendments.
Chapter 60
Highly Toxic and Toxic Materials
Chapter 60 Highly Toxic and Toxic Materials is adopted in its entirety without 19 amendments.
Chapter 61
Liquefied Petroleum Gases
Chapter 61 Liquefied Petroleum Gases is adopted in its entirety without amendments.
Chapter 62
Organic Peroxides
Chapter 62 Organic Peroxides is adopted in its entirety without amendments.
Chapter 63
Oxidizers, Oxidizing Gases, and Oxidizing Cryogenic Fluids Chapter 63 Oxidizers, Oxidizing Gases, and Oxidizing Cryogenic Fluids is adopted in its entirety without amendments.
Chapter 64
Pyrophoric Materials
Chapter 64 Pyrophoric Materials is adopted in its entirety without amendments.
Chapter 65
Pyroxylin (Cellulose Nitrate) Plastics
Chapter 65 Pyroxylin (Cellulose Nitrate) Plastics is adopted in its entirety without amendments.
Chapter 66
Unstable (Reactive) Materials
Chapter 66 Unstable (Reactive) Materials is adopted in its entirety without amendments.
Chapter 67
Water -Reactive Solids and Liquids
Chapter 67 Water -Reactive Solids and Liquids is adopted in its entirety without amendments.
Chapter 80
Referenced Standards
Chapter 80 Referenced Standards is adopted in its entirety with the following amendments:
NFPA 13, 2022 Edition, Standard for the Installation of Sprinkler Systems is hereby amended as follows:
Section 16.12.3.3 is hereby revised as follows:
16.12.3.3 Fire department connections (FDC) shall be of an approved type. The FDC shall contain a minimum of two 2'/2" inlets. The location shall be approved and be no more than 100 feet from a public hydrant. The FDC may be located within 100 feet of a private fire hydrant when approved by the fire code official. The size of piping and the number of inlets shall be approved by the fire code official. If acceptable to the water authority, it may be installed on the backflow assembly. 20 Fire department inlet connections shall be painted OSHA safety red. When the fire sprinkler density design requires 500 gpm (including inside hose stream demand) or greater, or a standpipe system is included, four 2 1/2" inlets shall be provided.
Section 9.4.3.1 is hereby revised as follows:
9.4.3.1. When fire sprinkler systems are installed in shell buildings of undetermined use (Spec Buildings) other than warehouses (S occupancies), fire sprinklers of the quick -response type shall be used. Use is considered undetermined if a specific tenant/occupant is not identified at the time the fire sprinkler plan is submitted.
Sprinklers in light hazard occupancies shall be one of the following:
(1) Quick -response type as defined in 3.6.4.8
(2) Residential sprinklers in accordance with the requirements of 8.4.5 (3) Quick response CMSA sprinklers
(4) ESFR sprinklers
(5) Standard -response sprinklers used for modifications or additions to existing light hazard systems equipped with standard -response sprinklers (6) Standard -response sprinklers used where individual standard -response sprinklers are replaced in existing light hazard systems Section 9.2.1.7 is hereby revised as follows:
9.2.1.7 Concealed spaces filled with noncombustible insulation shall not require sprinkler protection when approved by the fire code official.
Section 19.1.1.1 is hereby added as follows:
19.1.1.1 When fire sprinkler systems are required in buildings of undetermined use other than warehouses, they shall be designed and installed to have a fire sprinkler density of not less than that required for an Ordinary Hazard Group 2 use, with no reduction(s) in density or design area. Warehouse fire sprinkler systems shall be designed to Figure 21.4.1.2.2.1 (d) curve "D". Use is considered undetermined if a specific tenant/occupant is not identified at the time the sprinkler plan is submitted.
Where a subsequent occupancy requires a system with greater capability, it shall be the responsibility of the occupant to upgrade the system to the required density for the new occupancy.
Section 11.2.3.1.1.1 is hereby added as follows:
11.2.3.1.1.1 The available water supply for fire sprinkler system design shall be determined by one of the following methods, as approved by the Fire Code Official:
1) Subtract the project site elevation from the low water level for the appropriate pressure zone and multiply the result by 0.433; 2) Use a maximum of 40 psi, if available;
3) Utilize the City of Placentia water -flow test form/directions to document a flow test conducted by the local water agency or an approved third party licensed in the State of California.
Section 16.9.10.2 is hereby deleted without replacement. 21 Section 16.9.10.3 is hereby deleted without replacement.
Section 16.9.10.4 is hereby deleted without replacement.
NFPA 13D 2022 Edition, Standard for the Installation of Sprinkler Systems in One - and Two -Family Dwellings and Manufactured Homes is hereby amended as follows:
Section 5.1.3 is hereby added as follows:
5.1.3 Stock of Spare Sprinklers
Section 5.1.3.1 is hereby added as follows:
5.1.3.1. A supply of at least two sprinklers for each type shall be maintained on the premises so that any sprinklers that have operated or been damaged in any way can be promptly replaced.
Section 5.1.3.2 is hereby added as follows:
5.1.3.2 The sprinklers shall correspond to the types and temperature ratings of the sprinklers in the property.
Section 5.1.3.3 is hereby added as follows:
5.1.3.3 The sprinklers shall be kept in a cabinet located where the temperature to which they are subjected will at no time exceed 100 °F (38°C).
Section 5.1.3.4 is hereby added as follows:
5.1.3.4 A special sprinkler wrench shall be provided and kept in the cabinet to be used in the removal and installation of sprinklers. One sprinkler wrench shall be provided for each type of sprinkler installed.
Section 7.1.2 is hereby revised as follows:
7.1.2 The system piping shall not have a separate control valve unless supervised by a central station, proprietary, or remote station alarm service.
NFPA 14, 2019 Edition, Installation of Standpipe and Hose Systems is hereby amended as follows:
Section 7.3.1.1 is hereby is deleted in its entirety and replaced as follows:
7.3.1.1 Class I and I II Standpipe hose connections shall be unobstructed and shall be located not less than 18 inches or more than 24 inches above the finished floor. Class II Standpipe hose connections shall be unobstructed and shall be located not less than 3 feet or more than 5 feet above the finished floor.
NFPA 24, 2019 Edition, Standard for the Installation of Private Fire Service Mains and Their Appurtenances is hereby amended as follows:
Section 6.2.9* (3) and (5) is hereby deleted without replacement and (6) and (7) renumbered as follows:
(5) Control Valves installed in a fire -rated room accessible from the exterior. (6) Control valves in a fire -rated stair enclosure accessible from the exterior as permitted by the authority having jurisdiction.
Section 6.2.9* (2) is hereby revised as follows:
(2) When approved by the fire code official, a wall post indicating valve.
Section 6.3.3 is hereby added as follows:
Section 6.3.3 All post indicator valves controlling fire suppression water supplies 22 shall be painted OSHA red.
Section 10.1.5 is hereby added as follows:
10.1.5 All ferrous pipe shall be coated and wrapped. Joints shall be coated and wrapped after assembly. All fittings shall be protected with a loose 8 -mil polyethylene tube. The ends of the tube shall extend past the joint by a minimum of 12 inches and be sealed with 2 inch wide tape approved for underground use.
Galvanizing does not meet the requirements of this section.
Exception: 304 or 316 Stainless Steel pipe and fittings Section 10.3.7 Bolts is hereby added as follows:
10.3.7 Bolts. All bolts used in pipe -joint assembly shall be 316 stainless steel.
Section 10.4.1.1 is hereby revised as follows:
10.4.1.1 All bolted joint accessories shall be cleaned and thoroughly coated with asphalt or other corrosion -retarding material, prior to poly -tube, and after installation.
Exception: Bolted joint accessories made from 304 or 316 stainless steel.
Section 10.4.3.1 is hereby deleted and replaced as follows:
10.4.3.1 Where fire service mains enter the building adjacent to the foundation, the pipe may run under a building to a maximum of 24 inches, as measured from the interior face of the exterior wall to the center of the vertical pipe. The pipe under the building or building foundation shall be 304 or 316 stainless steel and shall not contain mechanical joints or it shall comply with 10.6.2.
Section 10.4.3.1.1 is hereby revised as follows:
10.4.3.1.1 Pipe joints shall not be located under foundation footings. The pipe under the building or building foundation shall be 304 or 316 stainless steel and shall not contain mechanical joints.
Appendices
Appendix B is adopted in its entirety with the following amendments.
Table B105.1 (1) is hereby revised as follows:
TABLE B105.1(1)
REQUIRED FIRE -FLOW FOR ONE- AND TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSES
CALCULATION AREA
(square feet)
AUTOMATIC SPRINKLER SYSTEM
(Design Standard)
MINIMUM FIRE -FLOW
(gallons per minute)
FLOW DURATION (hours)
0-3,600
No automatic sprinkler system
1,000
1 3,601 and greater
No automatic sprinkler system
Value in Table
B105.1(2)
Duration in Table B105.1(2)
at the required fire -flow rate
0-3,600
Section 903.3.1.3 of the California Fire Code
or Section 313.3 of the California Residential
Code
750
3/4
3,601 and greater
Section 903.3.1.3 of the California Fire Code
or Section 313.3 of the California Residential
Code
1/2 value in Table
B105.1(2) but not less
than 1500
1 For SI: 1 square foot = 0.0929 m2, 1 gallon per minute = 3.785 L/m Table B105.2 is hereby revised as follows:
23 TABLE B105.2
REQUIRED FIRE -FLOW FOR BUILDINGS OTHER THAN ONE- AND TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4
BUILDINGS AND TOWNHOUSES
AUTOMATIC SPRINKLER SYSTEM (Design
Standard)
MINIMUM FIRE -FLOW (gallons per
minute)
FLOW DURATION (hours)
No automatic sprinkler system
Value in Table B105.1(2)
Duration in Table B105.1(2)
Section 903.3.1.1 or Section 903.3.1.2 of the
California Fire Code
50% of the value in Table B105.1(2)
but not less than 1500
Duration in Table B105.1(2)
For SI: 1 square foot = 0.0929 m2, 1 gallon per minute = 3.785 L/m Appendix BB is adopted in its entirety without amendments:
Appendix C is adopted in its entirety with the following amendments:
Section C103.1 is hereby revised as follows:
C103.1 Hydrant Spacing. Fire apparatus access roads and public streets providing required access to buildings in accordance with Section 503 shall be provided with one or more fire hydrants, as determined by Section C102.1. Where more than one fire hydrant is required, the distance between required fire hydrants shall not exceed 300 feet, measured along the fire department access route. In locations where it is impractical to place a fire hydrant 40 feet from the protected structure the hydrant spacing shall be reduced to 150 feet.
Section C103.2 Average Spacing is hereby deleted without replacement.
Section C103.3 Maximum Spacing is hereby deleted without replacement.
Appendix CC is adopted in its entirety without amendments:
Appendix D is deleted in its entirety without amendments.
Appendix E is deleted in its entirety without amendments.
Appendix F is deleted in its entirety without amendments.
Appendix G is deleted in its entirety without amendments.
Appendix H is adopted in its entirety without amendments.
Appendix I is deleted in its entirety without amendments.
Appendix J is deleted in its entirety without amendments.
Appendix K is deleted in its entirety without amendments.
Appendix L is deleted in its entirety without amendments.
Appendix M is deleted in its entirety without amendments.
Appendix N is deleted in its entirety without amendments.
Appendix O is deleted in its entirety without amendments. 24 Section 18.04.060 - Enforcement and Inspections.
The Placentia Fire Code, as set forth in this chapter shall be enforced by the Local Enforcement Agency. The Fire Code Official or City Administrator or designee, may detail and designate such staff members as shall be deemed necessary from time to time to enforce Chapter 18.04.
Section 18.04.070 - Fees.
Notwithstanding any provision of the Placentia Fire Code as hereby adopted, all fees for services provided pursuant to the Placentia Fire Code shall approved by resolution therefor as adopted by the city council of the city of Placentia or the Orange County fire authority board of directors, as the case may be, pursuant to the provisions of California Government Code Section 66016, et seq. In addition to any other fee(s) to be charged hereunder, any person, firm, partnership or corporation initiating or engaging in any work without the permit therefor as required hereunder shall pay a penalty equal to one hundred (100) percent of the fee for the requisite permit if issued after such work commences, is initiated or engaged in by such person, firm, partnership or corporation.
Section 18.04.080 - Copy filed.
One (1) copy of the California Fire Code, 2022 Edition, including all appendices thereto and including all amendments made herein is on file in the office of the building official and the Orange County fire authority pursuant to the requirements of California Health and Safety Code Section 18942(e)(1) and is available for public inspection."
SECTION 8. A new Chapter 20.04 hereby is added to Title 20 of the Placentia Municipal Code to read, in words and figures, as follows:
"Chapter 20.04
California Building Code, 2022 Edition
Sections:
20.04.010 Title
20.04.020 Purpose
20.04.030 Adoption of Building Code
20.04.040 Definition of Terms
20.04.050 Amendments to Building Code
20.04.060 Enforcement and Inspections
20.04.070 Fees
20.04.080 Copy filed
Chapter 15.04
BUILDING CODE
25 Section 20.04.010 - Title.
This Chapter shall be known as the `Placentia Building Code.' Section 20.04.020 - Purpose.
"The purpose of this Chapter is to prescribe regulations for erecting, construction, enlargement, alteration, repair, improving, removal, conversion, demolition, occupancy, equipment use, height, and area of buildings and structures and conditions hazardous to life or property in the occupancy of buildings and premises as herein provided.
Section 20.04.030 - Adoption of Building Code
Except as provided in this chapter, those certain building codes known and designated as the California Building Code 2022 Edition, including all appendices, is hereby adopted by reference as the Building Code of the City of Placentia for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings and/or structures in the City of Placentia.
Whenever the California Code of Regulations and State Building Standards Code of Regulations differ from any provision of the Placentia Building Code, said State regulations shall prevail over the provisions of the Placentia Building Code except as specifically modified herein.
Section 20.04.040 - Definition of Terms.
Whenever any of the following names or terms are used in the California Building Code, each such name or term shall be deemed and construed to have the meaning ascribed to it in this section as follows:
(A) `Building department' means the `building division' of the City. (B) `Building official' means the chief building official of the City as appointed by the City Administrator of the City, or his or her designee. (C) `City' means the City of Placentia.
(D) `Fire Code' means the Placentia Fire Code
(E) `Fire code official' means the Chief of the Placentia Fire and Life Safety Department or other individual as appointed by the City Administrator of the City, or his or her designee.
(F) `Local enforcing agency' means the City.
Section 20.04.050 - Amendments to Building Code.
The following provisions of the 2022 California Building Code (CBC) are hereby amended to read, in words and figures, as follows:
26 Administrative Provisions. Division II of Chapter 1, entitled "Scope and Administration", is applicable in the City.
101.1 Title. These regulations shall be known as the Building Code of the City of Orange, hereinafter referred to as "this code."
103.1 Creation of enforcement agency. The Building and Safety Services Department is hereby created and the official in charge thereof shall be known as the building official.
The function of the agency shall be the implementation, administration, and enforcement of the provisions of the code.
105.2 Work Exempt from Permit. Exceptions 2, 9 and 14 shall read as follows:
2. Fences under 6 feet (1829 mm) high.
9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 18 inches (457.2 mm) deep, do not exceed 5,000 gallons (18,927.059L) and are installed entirely above ground.
14. Decks not exceeding 200 square feet (18.58 m2) in area, that are not more than 30 inches (762 mm) above grade at any point, are not attached to a dwelling and do not serve the exit door required by Section R311.2.
107.3 Examination of Documents. The following paragraph is added:
An expedited review and permit issuance process shall be provided for EV Charging Stations and simplified forms for submittal will be made available on City's website.
Chapter 9
Fire Protection and Life Safety Systems
Chapter 9 Fire Protection and Life Safety Systems is adopted in its entirety with the following amendments:
SECTION 903.2, Where required, is hereby amended as follows:
903.2 Where required. Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in this section as follows:
a) New buildings: In addition to the requirements of section 903.2.1 through 903.2.21, approved automatic sprinkler systems in new buildings and structures shall be provided when the gross area of the building exceeds 5,000 ft2 or more than two-story high.
Exception: Group R-3, occupancies shall comply with sections 903.2.8 b) Alteration: When the floor area of the Alteration within any two-year period exceeds
75% of area of the existing structure and the alteration includes structural modifications other than seismic upgrade.
27 c) Addition: Sprinkler protection shall be provided throughout the entire building when
1. Existing building less than 5,000 ft2: where 33% or more is added and the gross floor areas exceeds 5,000 ft2.
2. Existing building equal or greater than 5,000 ft2: where more than 2,000 ft2 is added.
SECTION 903.2.8, Group R, is hereby amended as follows:
903.2.8. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area as follows:
1. New buildings: An automatic sprinkler system shall be installed throughout all new buildings.
2. Existing buildings: An automatic sprinkler system shall be installed throughout when one of the following conditions exists:
a) When an addition is 50% or more of the existing building area, as defined in Section 502.1, or greater than 1000 square feet (92.903 m2) within a two year period; or
b) An addition when the existing building is already provided with automatic sprinklers; or
c) When an existing Group R Occupancy is being substantially renovated, and where the scope of the renovation is such that the Building Code Official determined that the complexity of installing a sprinkler system would be similar as in a new building.
SECTION 903.2.10 Group S-2, is hereby amended as follows:
903.2.10: Group S-2 Parking Garages. An automatic sprinkler system shall be provided throughout buildings classified as parking garages.
SECTION 903.2.10.1, Commercial Parking Garages, is hereby deleted without replacement.
Section 903.3.5.3 Hydraulically calculated systems is hereby added as follows:
903.3.5.3 Hydraulically calculated systems. The design of hydraulically calculated fire sprinkler systems shall not exceed 90% of the water supply capacity
Exception: When static pressure exceeds 100 psi, and required by the Fire Code Official, the fire sprinkler system shall not exceed water supply capacity specified by Table 903.3.5.3
28 TABLE 903.3.5.3
Hydraulically Calculated Systems
Design
75 80-
85 90100 110
PSI
120 130 140 150
SECTION 903.4, Sprinkler system supervision and alarms, is hereby amended by modifying item 1, deleting item 5 and 8, and renumbering the Exceptions as follows:
Exceptions:
1. Automatic sprinkler systems protecting one- and two-family dwellings.
Exterior alarm specified by Section 903.4.2 shall apply.
2. Limited area systems serving fewer than 20 sprinklers.
3. Automatic sprinkler systems installed in accordance with NFPA 13R where the common supply main is used to supply both the domestic and automatic sprinkler system, and a separate shutoff valve for automatic sprinkler system is not provided.
4. Jockey pump control valves that are sealed or locked in the open position.
5. Valves controlling the fuel supply to fire pump engines that are sealed or locked in the open position.
6. Trim valves to pressure switches in dry, pre -action and deluge sprinkler systems that are sealed or locked in the open position.
Chapter 35
Referenced Standards
Chapter 35 Referenced Standards is adopted in its entirety with the following amendments:
NFPA 13, 2022 Edition, Standard for the Installation of Sprinkler Systems is hereby amended as follows:
Section 16.12.3.3 is hereby revised as follows:
16.12.3.3 Fire department connections (FDC) shall be of an approved type. The FDC shall contain a minimum of two 2'/2" inlets. The location shall be approved and be no more than 100 feet from a public hydrant. The FDC may be located within 100 feet of a private fire hydrant when approved by the fire code official. The size of piping and the number of inlets shall be approved by the fire code official. If acceptable to the water authority, it may be installed on the backflow assembly.
Fire department inlet connections shall be painted OSHA safety red. When the fire 29 sprinkler density design requires 500 gpm (including inside hose stream demand) or greater, or a standpipe system is included, four 2'/2" inlets shall be provided.
Section 9.4.3.1 is hereby revised as follows:
9.4.3.1. When fire sprinkler systems are installed in shell buildings of undetermined use (Spec Buildings) other than warehouses (S occupancies), fire sprinklers of the quick -response type shall be used. Use is considered undetermined if a specific tenant/occupant is not identified at the time the fire sprinkler plan is submitted.
Sprinklers in light hazard occupancies shall be one of the following:
(1) Quick -response type as defined in 3.6.4.8
(2) Residential sprinklers in accordance with the requirements of 8.4.5 (3) Quick response CMSA sprinklers
(4) ESFR sprinklers
(5) Standard -response sprinklers used for modifications or additions to existing light hazard systems equipped with standard -response sprinklers
(6) Standard -response sprinklers used where individual standard - response sprinklers are replaced in existing light hazard systems Section 9.2.1.7 is hereby revised as follows:
9.2.1.7 Concealed spaces filled with noncombustible insulation shall not require sprinkler protection when approved by the fire code official.
Section 19.1.1.1 is hereby added as follows:
19.1.1.1 When fire sprinkler systems are required in buildings of undetermined use other than warehouses, they shall be designed and installed to have a fire sprinkler density of not less than that required for an Ordinary Hazard Group 2 use, with no reduction(s) in density or design area. Warehouse fire sprinkler systems shall be designed to Figure 21.4.1.2.2.1 (d) curve "D". Use is considered undetermined if a specific tenant/occupant is not identified at the time the sprinkler plan is submitted. Where a subsequent occupancy requires a system with greater capability, it shall be the responsibility of the occupant to upgrade the system to the required density for the new occupancy.
Section 11.2.3.1.1.1 is hereby added as follows:
11.2.3.1.1.1 The available water supply for fire sprinkler system design shall be determined by one of the following methods, as approved by the Fire Code Official:
1) Subtract the project site elevation from the low water level for the appropriate pressure zone and multiply the result by 0.433; 2) Use a maximum of 40 psi, if available;
3) Utilize the City of Placentia water -flow test form/directions to document a flow test conducted by the local water agency or an approved third party licensed in the State of California.
Section 16.9.10.2 is hereby deleted without replacement. 30 Section 16.9.10.3 is hereby deleted without replacement.
Section 16.9.10.4 is hereby deleted without replacement.
NFPA 13D 2022 Edition, Standard for the Installation of Sprinkler Systems in One - and Two -Family Dwellings and Manufactured Homes is hereby amended as follows:
Section 5.1.3 is hereby added as follows:
5.1.3 Stock of Spare Sprinklers
Section 5.1.3.1 is hereby added as follows:
5.1.3.1. A supply of at least two sprinklers for each type shall be maintained on the premises so that any sprinklers that have operated or been damaged in any way can be promptly replaced.
Section 5.1.3.2 is hereby added as follows:
5.1.3.2 The sprinklers shall correspond to the types and temperature ratings of the sprinklers in the property.
Section 5.1.3.3 is hereby added as follows:
5.1.3.3 The sprinklers shall be kept in a cabinet located where the temperature to which they are subjected will at no time exceed 100 °F (38°C).
Section 5.1.3.4 is hereby added as follows:
5.1.3.4 A special sprinkler wrench shall be provided and kept in the cabinet to be used in the removal and installation of sprinklers. One sprinkler wrench shall be provided for each type of sprinkler installed.
Section 7.1.2 is hereby revised as follows:
7.1.2 The system piping shall not have a separate control valve unless supervised by a central station, proprietary, or remote station alarm service.
NFPA 14, 2019 Edition, Installation of Standpipe and Hose Systems is hereby amended as follows:
Section 7.3.1.1 is hereby is deleted in its entirety and replaced as follows:
7.3.1.1 Class I and III Standpipe hose connections shall be unobstructed and shall be located not less than 18 inches or more than 24 inches above the finished floor. Class II Standpipe hose connections shall be unobstructed and shall be located not less than 3 feet or more than 5 feet above the finished floor.
NFPA 24, 2019 Edition, Standard for the Installation of Private Fire Service Mains and Their Appurtenances is hereby amended as follows:
Section 6.2.9* (3) and (5) is hereby deleted without replacement and (6) and (7) renumbered as follows:
(5) Control Valves installed in a fire -rated room accessible from the exterior. (6) Control valves in a fire -rated stair enclosure accessible from the exterior as permitted by the authority having jurisdiction.
Section 6.2.9* (2) is hereby revised as follows:
(2) When approved by the fire code official, a wall post indicating valve.
Section 6.3.3 is hereby added as follows:
31 Section 6.3.3 All post indicator valves controlling fire suppression water supplies shall be painted OSHA red.
Section 10.1.5 is hereby added as follows:
10.1.5 All ferrous pipe shall be coated and wrapped. Joints shall be coated and wrapped after assembly. All fittings shall be protected with a loose 8 -mil polyethylene tube. The ends of the tube shall extend past the joint by a minimum of 12 inches and be sealed with 2 inch wide tape approved for underground use.
Galvanizing does not meet the requirements of this section.
Exception: 304 or 316 Stainless Steel pipe and fittings Section 10.3.7 Bolts is hereby added as follows:
10.3.7 Bolts. All bolts used in pipe -joint assembly shall be 316 stainless steel.
Section 10.4.1.1 is hereby revised as follows:
10.4.1.1 All bolted joint accessories shall be cleaned and thoroughly coated with asphalt or other corrosion -retarding material, prior to poly -tube, and after installation.
Exception: Bolted joint accessories made from 304 or 316 stainless steel.
Section 10.4.3.1 is hereby deleted and replaced as follows:
10.4.3.1 Where fire service mains enter the building adjacent to the foundation, the pipe may run under a building to a maximum of 24 inches, as measured from the interior face of the exterior wall to the center of the vertical pipe. The pipe under the building or building foundation shall be 304 or 316 stainless steel and shall not contain mechanical joints or it shall comply with 10.6.2.
Section 10.4.3.1.1 is hereby revised as follows:
10.4.3.1.1 Pipe joints shall not be located under foundation footings. The pipe under the building or building foundation shall be 304 or 316 stainless steel and shall not contain mechanical joints.
Chapter 15
Roof Assemblies and Rooftop Structures Table 1505.1 is hereby revised to read as follows:
TABLE 1505.1a
MINIMUM ROOF COVERING CLASSIFICATIONS
TYPES OF CONSTRUCTION
IA
IB
IIA
IIB
IIIA
IIIB
IV
VA
VB
B
B
B
B
B
B
B
B
B
For SI: 1 foot = 304.8 mm, 1 square foot = 0.0929 m2.
a. Unless otherwise required in accordance with Chapter 7A.
CBC Section 1505.1.3 is amended as follows:
1505.1.2 Roof coverings within all other areas. The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced 32 within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire -retardant roof covering that is at least Class B.
Section 20.04.060 - Enforcement and Inspections.
"The Placentia Building Code, as set forth in this Chapter 20.04 shall be enforced by the City Building Official or his or her designee.
Section 20.04.070 - Fees.
"Notwithstanding any provision of the Placentia Building Code as hereby adopted, all fees for services provided pursuant to the Placentia Building Code shall approved by resolution therefor as adopted by the City Council of the City of Placentia pursuant to the provisions of California Government Code § 66016, et seq. In addition to any other fee(s) to be charged hereunder, any person, firm, partnership or corporation initiating or engaging in any work without the permit therefor as required hereunder shall pay, a penalty equal to 100% of the fee for the requisite permit if issued after such work commences, is initiated or engaged in by such person, firm, partnership or corporation.
Section 20.04.080 - Copy filed.
One (1) copy of the California Building Code, 2022 Edition, based on the 2021 International Building Code as published by the International Code Council, including all appendices thereto and including all amendments made herein is on file in the office of the Building Official pursuant to the requirements of California Health and Safety Code § 18942(e)(1) and is available for public inspection."
SECTION 9. A new Chapter 20.08 hereby is added to Title 20 of the Placentia Municipal Code to read, in words and figures, as follows:
"Chapter 20.08
California Residential Code, 2022 Edition
Sections:
20.08.010 Title
20.08.020 Purpose
20.08.030 Adoption of Residential Code
20.08.040 Definition of Terms
20.08.050 Amendments to Residential Code
20.08.060 Enforcement and Inspections
20.08.070 Fees
20.08.080 Copy filed
Section 20.08.010 - Title.
33 This Chapter shall be known as the `Placentia Residential Code.' Section 20.08.020 - Purpose.
The purpose of this Chapter is to prescribe regulations for erecting, construction, enlargement, alteration, repair, improving, removal, conversion, demolition, occupancy, equipment use, height, and area of buildings and structures and conditions hazardous to life or property in the occupancy of residential buildings and premises as herein provided.
Section 20.08.030 - Adoption of the 2022 California Residential Code.
Except as provided in this chapter, those certain building codes known and designated as the California Residential Code (CRC) 2022 Edition, based on the 2021 International Residential Code as published by the International Code Council, including Division II in Chapter 1, and including Appendix AH (Patio Covers) and Appendix AX (Swimming Pool Safety Act), shall become the residential code of the City of Placentia for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, equipment, use, height, area and maintenance of all residential structures within the scope of the CRC in the City of Placentia.
Whenever the California Code of Regulations and State Building Standards Code of Regulations differ from any provision of the Placentia Residential Code, said State regulations shall prevail over the provisions of the Placentia Residential Code except as specifically modified herein.
Section 20.08.040 - Definition of Terms.
Whenever any of the following names or terms are used in the California Residential Code, each such name or term shall be deemed and construed to have the meaning ascribed to it in this section as follows:
(A) `Building department' means the `building division' of the City. (B) 'Building official' means the chief building official of the City as appointed by the City Administrator of the City, or his or her designee. (C) 'City' means the City of Placentia.
(D) 'Fire Code' means the Placentia Fire Code. '
(E) 'Fire code official' means the Chief of the Placentia Fire and Life Safety Department or other individual as appointed by the City Administrator of the City, or his or her designee.
(F) `Jurisdiction' means the City.
(G) 'Local enforcing agency' means the agency for which the Fire Code Official performs its duties and/or the City.
Section 20.08.050 - Amendments to Residential Code.
34 The following provisions of the 2022 California Residential Code (CRC) hereby are amended to read, in words and figures, as follows:
CRC Table R301.2 is revised to read as follows:
TABLE R301.2(1)
CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
GROUND
SNOW
LOAD
o
WIND DESIGN
SEISMIC
DESIGN
CATEGORY
f
SUBJECT TO DAMAGE FROM
WINTER
DESIGN
TEMP
e
ICE BARRIER
UNDERLAYMENT
REQUIRED
h
FLOOD
HAZARDS
g
AIR
FREEZING
INDEX
i
MEAN
ANNUAL
TEMP
j
Speed
(MPH)
d
Topographic
effects
k
Special
wind
region
I
Windborne
debris
zone
m
Weathering
a
Frost
line
depth
b
Termite
c
ZERO
110
No
No
No
D2 or E
Negligible
12"
Ve
HeartW
43 No
Yes
0 60
MANUAL J DESIGN CRITERIA n
ELEVATION
LATITUDE
WINTER
HEATING
SUMMER
COOLING
ALTITUDE
CORRECTION
FACTOR
INDOOR DESIGN
TEMPERATURE
DESIGN
TEMPURATURE
COOLING
HEAT TEMPERATURE
DIFFERENCE
305
34 37
91 70
75 COOLING
TEMURATURE
DIFFERENCE
WIND VELOCITY
HEATING
WIND VELOCITY
COOLING
COINCIDENT WET
BULB
DAILY RANGE
WINTER HUMIDITY
SUMMER HUMIDITY
7 69
27 7 (50% RH)
For SI: 1 pound per square foot = 0.0479 kPa, 1 mile per hour = 0.447 m/s. a. Weathering may require a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code. The weathering column shall be filled in with the weathering index (i.e., "negligible," "moderate" or "severe") for concrete as determined from the Weathering Probability Map [Figure R301.2(3)]. The grade of masonry units shall be determined from ASTM C 34, C 55, C 62, C 73, C 90, C 129, C 145, C 216 or C 652. b. The frost line depth may require deeper footings than indicated in Figure R403.1(1). The jurisdiction shall fill in the frost line depth column with the minimum depth of footing below finish grade.
c. The jurisdiction shall fill in this part of the table to indicate the need for protection depending on whether there has been a history of local subterranean termite damage. d. The jurisdiction shall fill in this part of the table with the wind speed from the basic wind speed map [Figure R301.2( 4)].Wind exposure category shall be determined on a site -specific basis in accordance with Section R301.2.1.4.
e. The outdoor design dry-bulb temperature shall be selected from the columns of 971/2 -percent values for winter from Appendix D of the California Plumbing Code. Deviations from the Appendix D temperatures shall be permitted to reflect local climates or local weather experience as determined by the building official.
f. The jurisdiction shall fill in this part of the table with the seismic design category determined from Section R301.2.2.1.
g. The City of Placentia does not have any Flood Hazards Zones. (OR, if yes) See City's FIRM maps for Flood Hazard Locations.
h. In accordance with Sections R905.2.7.1, R905.4.3.1, R905.5.3.1, R905.6.3.1, R905.7.3.1 and R905.8.3.1, where there has been a history of local damage from the effects of ice damming, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall fill in this part of the table with "NO."
i. The jurisdiction shall fill in this part of the table with the 100 -year return period air freezing index (BF -days) from Figure R403.3(2) or from the 100 -year (99%) value on the National Climatic Data Center data table "Air Freezing Index- USA Method (Base 32°)" at www.ncdc.noaa.gov/fpsf.htrnl .
j. The jurisdiction shall fill in this part of the table with the mean annual temperature from the National Climatic Data Center data table "Air Freezing Index -USA Method (Base 32°F)" at www.ncdc.noaa.gov/fpsf.html .
35 k. In accordance with Section R301.2.1.5, where there is local historical data documenting structural damage to buildings due to topographic wind speed-up effects, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall indicate "NO" in this part of the table.
I. In accordance with Figure R301.2(4)A, where there is local historical data documenting unusual wind conditions, the jurisdiction shall fill in this part of the table with "YES" and identify any specific requirements. Otherwise, the jurisdiction shall indicate "NO" in this part of the table. W,
m. In accordance with Section R301.2.1.2.1, the jurisdiction shall indicate the wind-borne debris wind zone(s). Otherwise, the jurisdiction shall indicate "NO" in this part of the table. n. The jurisdiction shall fill in these sections of the table to establish the design criteria using Table 1a or 1 b from ACCA Manual J or established criteria determined by the jurisdiction. o. The jurisdiction shall fill in this section of the table using the Ground Snow Loads in Figure R301.2 (6).
CRC Section R902.1 is amended by revising it to allow only class A or B roofs as follows:
R902.1 Roofing covering materials. Roofs shall be covered with materials as set forth in Sections R904 and R905. A minimum Class A or B roofing shall be installed in areas designated by this section. Classes A or B roofing required by this section to be listed shall be tested in accordance with UL 790 or ASTM E 108.
Exceptions:
1. Class A roof assemblies include those with coverings of brick, masonry and exposed concrete roof deck.
2. Class A roof assemblies also include ferrous or copper shingles or sheets, metal sheets and shingles, clay or concrete roof tile, or slate installed on noncombustible decks.
Section R902.1.3 Roofing covering materials is amended by revising it to require a minimum Class B roof, and to read as follows:
R902.1.3 Roof coverings within all other areas. The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire -retardant roof covering that is at least Class B.
CRC Appendix AX, Section AX100 is revised to read as follows:
(a) Except as provided in Section AX100, when a building permit is issued for the construction of a new swimming pool or spa or the remodeling of an existing swimming pool or spa at a private single-family home, the respective swimming pool or spa shall be equipped with item #1 below AND at least one additional following seven drowning prevention features:
#1. An enclosure that meets the requirements of AX100 and isolates the swimming pool and spa from the private single-family home. Any walls of the residential structure or accessory structures used to complete the isolation enclosure must have door openings equipped with protection as required in AX100. Any such door 36 protection device provided for this purpose may not be used to comply with the second drowning prevention feature requirement.
Section 20.08.060 - Enforcement and Inspections.
The Placentia Residential Code, as set forth in this Chapter 20.08 shall be enforced by the City Building Official or his or her designee.
Section 20.08.070 - Fees.
"Notwithstanding any provision of the Placentia Residential Code as hereby adopted, all fees for services provided pursuant to the Placentia Residential Code shall approved by resolution therefor as adopted by the City Council of the City of Placentia pursuant to the provisions of California Government Code § 66016, et seq. In addition to any other fee(s) to be charged hereunder, any person, firm, partnership or corporation initiating or engaging in any work without the permit therefor as required hereunder shall pay, a penalty equal to 100% of the fee for the requisite permit if issued after such work commences, is initiated or engaged in by such person, firm, partnership or corporation.
Section 20.08.080 - Copy filed.
"One (1) copy of the California Residential Code (CRC) 2022 Edition, including all appendices thereto and including all amendments made herein is on file in the office of the Building Official pursuant to the requirements of California Health and Safety Code § 18942(e)(1) and is available for public inspection."
SECTION 10. A new Chapter 20.12 hereby is added to Title 20 of the Placentia Municipal Code to read, in words and figures, as follows:
"Chapter 20.12
California Plumbing Code, 2020 Edition
Sections:
20.12.010 Title
20.12.020 Purpose
20.12.030 Adoption of Plumbing Code
20.12.040 Definition of Terms
20.12.050 Amendments to Plumbing Code
20.12.060 Enforcement and Inspections
20.12.070 Fees
18.12.080 Copy filed
Section 20.12.010 - Title.
This Chapter shall be known as the `Placentia Plumbing Code.' 37 Section 20.12.020 - Purpose.
The purpose of this Chapter is to prescribe regulations for construction, enlargement, alteration, repair, improving, removal, conversion, demolition, equipment use, plumbing systems, materials and appurtenances and conditions hazardous to life or property in the occupancy of buildings and premises as herein provided.
Section 20.12.030 - Adoption of Plumbing Code.
Except as otherwise provided in this Chapter, the California Plumbing Code, 2022 Edition, incorporating the 'Uniform Plumbing Code,' 2021 Edition, including Appendix A and Appendix L, is hereby adopted as the `Placentia Plumbing Code,' regulating erection, installation, alteration, repair, relocation, replacement, maintenance or use of plumbing systems within the City of Placentia.
Whenever the California Code of Regulations and State Building Standards Code of Regulations differ from any provision of the Placentia Plumbing Code, said State regulations shall prevail over the provisions of the Placentia Plumbing Code except as specifically modified herein.
Section 20.12.040 - Definition of Terms.
Whenever any of the following names or terms are used in the California Plumbing Code, each such name or term shall be deemed and construed to have the meaning ascribed to it in this section as follows:
(A) `Authority having jurisdiction' means the City of Placentia. (B) `Building department' means the `building division' of the City. (C) `Building official' means the chief building official of the City as appointed by the City Administrator of the City, or his or her designee. (D) `City' means the City of Placentia.
(E) 'Fire Code' means the Placentia Fire Code.
(F) Fire code official' means the Chief of the Placentia Fire and Life Safety Department or other individual as designated by the City Administrator of the City, or his or her designee.
(G) "Jurisdiction' means the City.
(H) `Local enforcing agency' means the agency for which the Fire Code Official performs its duties and/or the City.
Section 20.12.050 - Amendments to Plumbing Code.
Reserved for future amendments
38 Section 20.12.060 - Enforcement and Inspections.
The Placentia Plumbing Code, as set forth in this Chapter 20.12 shall be enforced by the building official or his or her designee.
Section 20.12.070 - Fees.
"Notwithstanding any provision of the Placentia Plumbing Code as hereby adopted, all fees for services provided pursuant to the Placentia Plumbing Code shall approved by resolution therefor as adopted by the City Council of the City of Placentia pursuant to the provisions of California Government Code § 66016, et seq. In addition to any other fee(s) to be charged hereunder, any person, firm, partnership or corporation initiating or engaging in any work without the permit therefor as required hereunder shall pay, a penalty equal to 100% of the fee for the requisite permit if issued after such work commences, is initiated or engaged in by such person, firm, partnership or corporation.
Section 20.12.080 - Copy filed.
One (1) copy of the California Plumbing Code, 2022 Edition, including all appendices thereto and including all amendments made herein is on file in the office of the Building Official pursuant to the requirements of California Health and Safety Code § 18942(e)(1) and is available for public inspection."
SECTION 11. A new Chapter 20.16 hereby is added to Title 20 of the Placentia Municipal Code to read, in words and figures, as follows:
"Chapter 20.16
California Electrical Code, 2022 Edition
Sections:
20.16.010 Title
20.16.020 Purpose
20.16.030 Adoption of Electrical Code
20.16.040 Definition of Terms
20.16.050 Amendments to Electrical Code
20.16.060 Enforcement and Inspections
20.16.070 Fees
20.16.080 Copy filed
Section 20.16.010 - Title.
"This Chapter shall be known as the `Placentia Electrical Code.' Section 20.16.020 - Purpose.
"The purpose of this Chapter is to prescribe regulations for construction, 39 enlargement, alteration, repair, improving, removal, conversion, demolition, equipment use, electrical systems, materials and appurtenances and conditions hazardous to life or property in the occupancy of buildings and premises as herein provided.
Section 20.16.030 - Adoption of Electrical Code.
"Except as provided in this chapter, the California Electrical Code, 2022 Edition, based on the 2020 National Electrical Code as published by the National Fire Protection Association is hereby adopted as the `Placentia Electrical Code,' regulating all installation, arrangement, alteration, repair, use and other operation of electrical wiring, connections, fixtures and other electrical appliances on premises within the City of Placentia. "Whenever the California Code of Regulations and State Building Standards Code of Regulations differ from any provision of the Placentia Electrical Code, said State regulations shall prevail over the provisions of the Placentia Electrical Code except as specifically modified herein.
Section 20.16.040 - Definition of Terms.
Whenever any of the following names or terms are used in the California Electrical Code, each such name or term shall be deemed and construed to have the meaning ascribed to it in this section as follows:
(A) `Authority having jurisdiction' means the City of Placentia. (B) `Building department' means the `building division' of the City. (C) `Chief Electrical Inspector' means the chief building official of the City as appointed by the City Administrator of the City, or his or her designee. (D) `City' means the City of Placentia.
(E) 'Fire Code' means the Placentia Fire Code.
(F) 'Fire code official' means the Chief of the Placentia Fire and Life Safety Department or other individual as designated by the City Administrator of the City, or his or her designee.
(G) `Jurisdiction' means the City.
(H) `Local enforcing agency' means the agency for which the Fire Code Official performs its duties and/or the City.
Section 20.16.050 - Amendments to Electrical Code.
The following provisions of the California Electrical Code hereby are amended to read, in words and figures, as follows:
40 310.3(B) Conductor Material is revised to add a second paragraph to read as follows: Copper wire shall be used for wiring No. 6 and smaller in all installations.
Consideration for use of aluminum wiring can be made by the Building Official for feeder lines only on an individual basis where adequate safety measures can be ensured. 690.13(A) Location is revised to read as follows:
The means to disconnect a photovoltaic and electrical energy storage system shall be installed at a readily accessible location on the exterior of the building. A visible -open, lockable AC disconnect shall be located within three (3) feet of the meter, photovoltaic disconnect, or as required by the Building or Fire Code Official.
Section 20.16.060 - Enforcement and Inspections.
The Placentia Electrical Code, as set forth in this Chapter 20.12 shall be enforced by the building official or his or her designee.
Section 20.16.070 - Fees.
"Notwithstanding any provision of the Placentia Electrical Code as hereby adopted, all fees for services provided pursuant to the Placentia Electrical Code shall approved by resolution therefor as adopted by the City Council of the City of Placentia pursuant to the provisions of California Government Code § 66016, et seq. In addition to any other fee(s) to be charged hereunder, any person, firm, partnership or corporation initiating or engaging in any work without the permit therefor as required hereunder shall pay a penalty equal to 100`)/0 of the fee for the requisite permit if issued after such work commences, is initiated or engaged in by such person, firm, partnership or corporation.
Section 20.16.080 - Copy filed.
"One (1) copy of the California Electrical Code, 2022 Edition, based on the 2020 National Electrical Code as published by the National Fire Protection Association, including all appendices thereto and including all amendments made herein is on file in the office of the Building Official pursuant to the requirements of California Health and Safety Code § 18942(e)(1) and is available for public inspection." SECTION 12. A new Chapter 20.20 hereby is added to Title 20 of the Placentia Municipal Code to read, in words and figures, as follows:
"Chapter 20.20
California Mechanical Code, 2022 Edition
Sections:
20.20.010 Title
20.20.020 Purpose
20.20.030 Adoption of Mechanical Code
20.20.040 Definition of Terms
20.20.050 Amendments to Mechanical Code
41 20.20.060 Enforcement and Inspections
20.20.070 Fees
20.20.080 Copy filed
Section 20.20.010 - Title.
This Chapter shall be known as the `Placentia Mechanical Code.' Section 20.20.020 - Purpose.
"The purpose of this Chapter is to prescribe regulations for construction, enlargement, alteration, repair, improving, removal, conversion, demolition, equipment use, mechanical systems, materials and appurtenances and conditions hazardous to life or property in the occupancy of buildings and premises as herein provided.
Section 20.20.030 - Adoption of Mechanical Code.
Except as provided in this chapter, the California Mechanical Code, 2022 Edition, is hereby adopted as the `Placentia Mechanical Code,' including all appendices thereto and including all amendments made herein, and such Code shall be and become the Mechanical Code of the City of Placentia, governing, regulating and controlling the design, construction, installation, quality of materials, location, operation and maintenance of heating, ventilating, cooling, refrigeration systems, Incinerators and other miscellaneous heat producing appliances in the City of Placentia.
Whenever the California Code of Regulations and State Building Standards Code of Regulations differ from any provision of the Placentia Mechanical Code, said State regulations shall prevail over the provisions of the Placentia Mechanical Code except as specifically modified herein.
Section 20.20.040 - Definition of Terms.
Whenever any of the following names or terms are used in the California Mechanical Code, each such name or term shall be deemed and construed to have the meaning ascribed to it in this section as follows:
(A) `Authority having jurisdiction' means the City of Placentia. (B) `Building department' means the `building division' of the City. (C) `Mechanical inspector' means the chief building official of the City as appointed by the City Administrator of the City, or his or her designee. (D) `City' means the City of Placentia.
(E) 'Fire Code' means the Placentia Fire Code.
(F) 'Fire code official' means the Chief of the Placentia Fire and Life Safety Department or other individual as designated by the City Administrator of the City, or his 42 or her designee.
(G) "Jurisdiction' means the City.
(H) `Local enforcing agency' means the agency for which the Fire Code Official performs its duties and/or the City.
Section 20.20.050 - Amendments to Mechanical Code.
Reserved for future amendments
Section 20.20.060 - Enforcement and Inspections.
The Placentia Mechanical Code, as set forth in this Chapter 20.20 shall be enforced by the building official or his or her designee.
Section 20.20.070 - Fees.
Notwithstanding any provision of the Placentia Mechanical Code as hereby adopted, all fees for services provided pursuant to the Placentia Mechanical Code shall approved by resolution therefor as adopted by the City Council of the City of Placentia pursuant to the provisions of California Government Code § 66016, et seq. In addition to any other fee(s) to be charged hereunder, any person, firm, partnership or corporation initiating or engaging in any work without the permit therefor as required hereunder shall pay a penalty equal to 100% of the fee for the requisite permit if issued after such work commences, is initiated or engaged in by such person, firm, partnership or corporation.
Section 20.20.080 - Copy filed.
One (1) copy of the California Mechanical Code, 2022 Edition, including all appendices thereto and including all amendments made herein is on file in the office of the building official pursuant to the requirements of California Health and Safety Code § 18942(e)(1) and is available for public inspection."
SECTION 13. A new Chapter 20.46 hereby is added to Title 20 of the Placentia Municipal Code to read, in words and figures, as follows:
Chapter 20.46
California Energy Code, 2022 Edition
Sections:
20.46.010 Title
20.46.020 Purpose
20.46.030 Adoption of California Energy Code
20.46.040 Definition of Terms
20.46.050 Amendments to California Energy Code
20.46.060 Enforcement and Inspections
43 20.46.070 Fees
20.46.080 Copy filed
Section 20.46.010 - Title.
This Chapter shall be known as the `Placentia Energy Code.' Section 20.46.020 - Purpose.
The purpose of this Chapter is to prescribe regulations for regulating and controlling the energy efficiency of buildings in the City of Placentia.
Section 20.46.030 - Adoption of California Energy Code.
Except as provided in this chapter, those certain building codes known and designated as the California Energy Code, 2022 Edition, as published by the California Energy Commission, shall be and become the Energy Code of the City of Placentia, including all appendices thereto.
Whenever the California Code of Regulations and State Building Standards Code of Regulations differ from any provision of the Placentia Energy Code, said State regulations shall prevail over the provisions of the Placentia Energy Code except as specifically modified herein.
Section 20.46.040 - Definition of Terms.
Whenever any of the following names or terms are used in the California Energy Code, each such name or term shall be deemed and construed to have the meaning ascribed to it in this section as follows:
(A) `Authority having jurisdiction' means the City of Placentia. (B) `Building department' means the `building division' of the City. (C) `Building Official' means the chief building official of the City as appointed by the City Administrator of the City, or his or her designee. (D) `City' means the City of Placentia.
(E) 'Fire Code' means the Placentia Fire Code.
(F) 'Fire code official' means the Chief of the Placentia Fire and Life Safety Department or other individual as designated by the City Administrator of the City, or his or her designee.
(G) "Jurisdiction' means the City.
(H) `Local enforcing agency' means the agency for which the Fire Code Official performs its duties and/or the City.
44 Section 20.12.050 - Amendments to California Energy Code.
Reserved for future amendments
Section 20.46.060 - Enforcement and Inspections.
The Placentia Energy Code, as set forth in this Chapter 20.46 shall be enforced by the building official or his or her designee.
Section 20.46.070 - Fees.
Notwithstanding any provision of the Placentia Energy Code as hereby adopted, all fees for services provided pursuant to the Placentia Energy Code shall approved by resolution therefor as adopted by the City Council of the City of Placentia pursuant to the provisions of California Government Code § 66016, et seq. In addition to any other fee(s) to be charged hereunder, any person, firm, partnership or corporation initiating or engaging in any work without the permit therefor as required hereunder shall pay a penalty equal to 100% of the fee for the requisite permit if issued after such work commences, is initiated or engaged in by such person, firm, partnership or corporation.
Section 20.46.080 - Copy filed.
One (1) copy of the California Energy Code, 2022 Edition, including all appendices thereto is on file in the office of the building official pursuant to the requirements of California Health and Safety Code § 18942(e)(1) and is available for public inspection." SECTION 14. A new Chapter 20.48 hereby is added to Title 20 of the Placentia Municipal Code to read, in words and figures, as follows:
"Chapter 20.48
California Green Building Standards Code, 2022 Edition
Sections:
20.48.010 Title
20.48.020 Purpose
20.48.030 Adoption of Green Building Standards Code
20.48.040 Definition of Terms
20.48.050 Amendments to Green Building Standards Code
20.48.060 Enforcement and Inspections
20.48.070 Fees
20.48.080 Copy filed
Section 20.48.010 - Title.
This Chapter shall be known as the `Placentia Green Building Standards Code.' 45 Section 20.48.020 - Purpose.
The purpose of this Chapter is to prescribe regulations for construction, enlargement, alteration, repair, improving, removal, conversion, demolition, equipment use, building systems, materials and appurtenances in order to optimize use of renewable resources and minimize effects on the environment in the City of Placentia. This chapter shall also serve to reduce the negative impacts of construction and encourage sustainable construction practices in the planning and design, energy efficiency, water efficiency and conservation, and environmental quality of all newly constructed buildings or structures in the City of Placentia.
Section 20.48.030 - Adoption of Green Building Standards Code.
Except as provided in this chapter, those certain building codes known and designated as the California Green Building Standards Code 2022 Edition, shall become the Green Building Code of the of the City of Placentia„ including all appendices thereto and including all amendments made herein, for reducing the negative impact and encouraging sustainable construction practices in the planning and design, energy efficiency, water efficiency and conservation, and environmental quality of all newly constructed buildings or structures in the City of Placentia.
Whenever the California Code of Regulations and State Building Standards Code of Regulations differ from any provision of the Placentia Green Building Standards Code, said State regulations shall prevail over the provisions of the Placentia Green Building Standards Code except as specifically modified herein.
Section 20.48.040 - Definition of Terms.
"Whenever any of the following names or terms are used in the California Green Building Standards Code, each such name or term shall be deemed and construed to have the meaning ascribed to it in this section as follows:
(A) `Authority having jurisdiction' means the City of Placentia. (B) `Building department' means the `building division' of the City. (C) `Building Official' means the chief building official of the City as appointed by the City Administrator of the City, or his or her designee. (D) `City' means the City of Placentia.
(E) 'Fire Code' means the Placentia Fire Code.
(F) 'Fire code official' means the Chief of the Placentia Fire and Life Safety Department or other individual as designated by the City Administrator of the City, or his or her designee.
(G) "Jurisdiction' means the City.
46 (H) `Local enforcing agency' means the agency for which the Fire Code Official performs its duties and/or the City.
Section 20.48.050 - Amendments to Green Building Standards Code.
The following provisions of the California Green Building Standards Code hereby are amended to read, in words and figures, as follows:
Section 301.1 of the California Green Building Standards Code is amended to read as follows:
301.1 Scope. Buildings shall be designed to include the green building measures specified as mandatory in the application checklists contained in this code.
Voluntary green building measures are also included in the application checklists and may be included in the design and construction of structures covered by this code, but are not required.
Section 20.48.060 - Enforcement and Inspections.
The Placentia Green Building Standards Code, as set forth in this Chapter
20.48 shall be enforced by the building official or his or her designee.
Section 20.48.070 - Fees.
Notwithstanding any provision of the Placentia Green Building Standards Code as hereby adopted, all fees for services provided pursuant to the Placentia Green Building Standards Code shall approved by resolution therefor as adopted by the City Council of the City of Placentia pursuant to the provisions of California Government Code § 66016, et seq.
In addition to any other fee(s) to be charged hereunder, any person, firm, partnership or corporation initiating or engaging in any work without the permit therefor as required hereunder shall pay a penalty equal to 100% of the fee for the requisite permit if issued after such work commences, is initiated or engaged in by such person, firm, partnership or corporation.
Section 20.48.080 - Copy filed.
One (1) copy of the California Green Building Standards Code, 2022 Edition, including all appendices thereto and including all amendments made herein is on file in the office of the building official pursuant to the requirements of California Health and Safety Code § 18942(e)(1) and is available for public inspection."
SECTION 15. A new Chapter 20.50 hereby is added to Title 20 of the Placentia Municipal Code to read, in words and figures, as follows:
"Chapter 20.50
California Existing Building Code, 2022 Edition
47 Sections:
20.50.010 Title
20.50.020 Purpose
20.50.030 Adoption of California Existing Building Code
20.50.040 Definition of Terms
20.50.050 Amendments to California Existing Building Code
20.50.060 Enforcement and Inspections
20.50.070 Fees
20.50.080 Copy filed
Section 20.50.010 - Title.
"This Chapter shall be known as the `Placentia California Existing Building Code.' Section 20.50.020 - Purpose.
The purpose of this Chapter is to prescribe regulations for the alteration, repair, addition and change of occupancy of existing structures in the City of Placentia.
Section 20.50.030 - Adoption of California Existing Building Code.
Except as provided in this chapter, those certain building codes known and designated as the California Existing Building Code, 2022 Edition, shall become the Existing Building Code of the City, regulating the alteration, repair, addition and change of occupancy of existing structures in the City of Placentia.
Whenever the California Code of Regulations and State Building Standards Code of Regulations differ from any provision of the California Existing Building Code, said State regulations shall prevail over the provisions of the California Existing Building Code except as specifically modified herein.
Section 20.50.040 - Definition of Terms.
Whenever any of the following names or terms are used in the California Existing Building Code, each such name or term shall be deemed and construed to have the meaning ascribed to it in this section as follows:
(A) `Authority having jurisdiction' means the City of Placentia. (B) `Building department' means the `building division' of the City. (C) `Building Official' means the chief building official of the City as appointed by the City Administrator of the City, or his or her designee. (D) `City' means the City of Placentia.
(E) 'Fire Code' means the Placentia Fire Code.
48 (F) 'Fire code official' means the Chief of the Placentia Fire and Life Safety Department or other individual as designated by the City Administrator of the City, or his or her designee.
(G) "Jurisdiction' means the City.
(H) `Local enforcing agency' means the agency for which the Fire Code Official performs its duties and/or the City.
Section 20.50.050 - Amendments to the California Existing Building Code.
Reserved for future amendments
Section 20.50.060 - Enforcement and Inspections.
The Placentia Existing Building Code, as set forth in this Chapter 20.50 shall be enforced by the building official or his or her designee.
Section 20.50.070 - Fees.
Notwithstanding any provision of the Placentia Existing Building Code as hereby adopted, all fees for services provided pursuant to the Placentia Existing Building Code approved by resolution therefor as adopted by the City Council of the City of Placentia pursuant to the provisions of California Government Code § 66016, et seq. In addition to any other fee(s) to be charged hereunder, any person, firm, partnership or corporation initiating or engaging in any work without the permit therefor as required hereunder shall pay a penalty equal to 100% of the fee for the requisite permit if issued after such work commences, is initiated or engaged in by such person, firm, partnership or corporation.
Section 20.50.080 - Copy filed.
One (1) copy of the California Existing Building Code, 2022 Edition, including all appendices thereto and including all amendments made herein is on file in the office of the building official pursuant to the requirements of California Health and Safety Code § 18942(e)(1) and is available for public inspection."
SECTION 16. A new Chapter 20.52 hereby is added to Title 20 of the Placentia Municipal Code to read, in words and figures, as follows:
"Chapter 20.52
California Historical Building Code, 2022 Edition
Sections:
20.52.010 Title
20.52.020 Purpose
20.52.030 Adoption of Historical Building Code
20.52.040 Definition of Terms
49 20.50.050 Amendments to Historical Building Code
20.52.060 Enforcement and Inspections
20.52.070 Fees
20.52.080 Copy filed
Section 20.52.010 - Title.
This Chapter shall be known as the `Placentia Historical Building Code.' Section 20.52.020 - Purpose.
The purpose of this Chapter is to prescribe regulations for the alteration, repair, addition and change of occupancy of historical structures in the City of Placentia.
Section 20.52.030 - Adoption of California Historical Building Code.
Except as provided in this chapter, those certain building codes known and designated as the California Historical Building Code, 2022 Edition, shall become the Existing Building Code of the City, regulating the alteration, repair, addition and change of occupancy of historical structures in the City of Placentia. "Whenever the California Code of Regulations and State Building Standards Code of Regulations differ from any provision of the California Existing Building Code, said State regulations shall prevail over the provisions of the California Existing Building Code except as specifically modified herein.
Section 20.52.040 - Definition of Terms.
Whenever any of the following names or terms are used in the California Historical Building Code, each such name or term shall be deemed and construed to have the meaning ascribed to it in this section as follows:
(A) `Authority having jurisdiction' means the City of Placentia. (B) `Building department' means the `building division' of the City. (C) `Building Official' means the chief building official of the City as appointed by the City Administrator of the City, or his or her designee. (D) `City' means the City of Placentia.
(E) 'Fire Code' means the Placentia Fire Code.
(F) `Fire code official' means the Chief of the Placentia Fire and Life Safety Department or other individual as designated by the City Administrator of the City, or his or her designee.
(G) "Jurisdiction' means the City.
50 (H) `Local enforcing agency' means the City.
Section 20.50.050 - Amendments to Historical Building Code Reserved for future amendments
Section 20.52.060 - Enforcement and Inspections.
The Placentia Historical Building Code, as set forth in this Chapter 20.52 shall be enforced by the building official or his or her designee.
Section 20.52.070 - Fees.
Notwithstanding any provision of the Placentia Historical Building Code as hereby adopted, all fees for services provided pursuant to the Placentia Historical Building Code approved by resolution therefor as adopted by the City Council of the City of Placentia pursuant to the provisions of California Government Code § 66016, et seq. In addition to any other fee(s) to be charged hereunder, any person, firm, partnership or corporation initiating or engaging in any work without the permit therefor as required hereunder shall pay a penalty equal to 100% of the fee for the requisite permit if issued after such work commences, is initiated or engaged in by such person, firm, partnership or corporation.
Section 20.52.080 - Copy filed.
One (1) copy of the California Historical Building Code, 2022 Edition, including all appendices thereto and including all amendments made herein is on file in the office of the building official pursuant to the requirements of California Health and Safety Code § 18942(e)(1) and is available for public inspection."
SECTION 17. A new Chapter 20.54 hereby is added to Title 20 of the Placentia Municipal Code to read, in words and figures, as follows:
"Chapter 20.54
International Property Maintenance Code, 2021 Edition
Sections:
20.54.010 Title
20.54.020 Purpose
20.54.030 Adoption of International Property Maintenance Code
20.54.040 Definition of Terms
20.54.050 Amendments to International Property Maintenance Code
20.54.060 Enforcement and Inspections
20.54.070 Fees
20.54.080 Copy filed
51 Section 20.54.010 - Title.
This Chapter shall be known as the `Placentia Property Maintenance Code.' Section 20.54.020 - Purpose.
The purpose of this Chapter is to prescribe regulations for the maintenance of buildings and structures within the City of Placentia.
Section 20.54.030 - Adoption of International Property Maintenance Code
Except as provided in this chapter, those certain building codes known and designated as the International Property Maintenance Code, 2021 Edition, shall be and become the Property Maintenance Code of the City of Placentia, regulating the maintenance of buildings and structures within the City of Placentia.
Whenever the California Code of Regulations and State Building Standards Code of Regulations differ from any provision of the International Property Maintenance Code, said State regulations shall prevail over the provisions of the International Property Maintenance Code except as specifically modified herein.
Section 20.54.040 - Definition of Terms.
"Whenever any of the following names or terms are used in the International Property Maintenance Code, each such name or term shall be deemed and construed to have the meaning ascribed to it in this section as follows:
(A) `Authority having jurisdiction' means the City of Placentia. (B) `Building department' means the `building division' of the City. (C) `Building Official' means the chief building official of the City as appointed by the City Administrator of the City, or his or her designee. (D) `City' means the City of Placentia.
(E) 'Fire Code' means the Placentia Fire Code.
(F) 'Fire code official' means the Chief of the Placentia Fire and Life Safety Department or other individual as designated by the City Administrator of the City, or his or her designee.
(G) "Jurisdiction' means the City.
(H) `Local enforcing agency' means the agency for which the Fire Code Official performs its duties and/or the City.
Section 20.54.050 - Amendments to the International Property Maintenance 52 Code.
The following provisions of the International Property Maintenance Code hereby are amended to read, in words and figures, as follows:
101.1 Title. These regulations shall be known as the Property Maintenance Code of the City of Placentia, hereinafter referred to as this code". 102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes or occupancy, shall be done in accordance with the procedures and provisions of the most current California Codes adopted by the City of Placentia. Any reference to an International Code will be viewed as conformity to the adopted California Codes. 103.1 Creation of agency. The Development Services Department is hereby created and the official in charge thereof shall be known as the code official. The function of the agencies shall be the implementation, administration, and enforcement of the provisions of this code.
302.4 Weeds. Premises and exterior property shall be maintained free from weeds or plant growth in excess of six (6) inches. Noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with Section 109.3 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property.
304.14 Insect screens. Annually, every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of minimum 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self -closing device in good working condition. 602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat to a minimum temperature of 68° F in all habitable rooms, bathrooms, and toilet rooms.
602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat to a minimum temperature of 65° F during the period the spaces are occupied.
Section 20.54.060 - Enforcement and Inspections.
The Placentia Property Maintenance Code, as set forth in this Chapter 20.54 shall be enforced by the building official or his or her designee. 53 Section 20.54.070 - Fees.
Notwithstanding any provision of the Placentia Property Maintenance Code as hereby adopted, all fees for services provided pursuant to the Placentia Property Maintenance Code approved by resolution therefor as adopted by the City Council of the City of Placentia pursuant to the provisions of California Government Code § 66016, et seq. In addition to any other fee(s) to be charged hereunder, any person, firm, partnership or corporation initiating or engaging in any work without the permit therefor as required hereunder shall pay a penalty equal to 100% of the fee for the requisite permit if issued after such work commences, is initiated or engaged in by such person, firm, partnership or corporation.
Section 20.54.080 - Copy filed.
One (1) copy of the International Property Maintenance Code, 2021 Edition, including all appendices thereto and including all amendments made herein is on file in the office of the building official pursuant to the requirements of California Health and Safety Code § 18942(e)(1) and is available for public inspection." SECTION 18. Penalty for Violation.
It shall be unlawful for any person, firm, partnership or corporation to violate any provision or to fail to comply with any of the requirements of this Ordinance hereby adopted.
Any person, firm, partnership or corporation violating any provision of this Ordinance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each and every person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Ordinance is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefor as provided in this Ordinance.
SECTION 19. Severability.
The City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance shall remain in full force and effect.
SECTION 20. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect January 5, 2023.
54 PASSED, ADOPTED and APPROVED this 6th day of December, 2022.
Rhonda Shader, Mayor
ATTEST:
Robert S. McKinnell, City Clerk
I, Robert S. McKinnell, City Clerk of the City of Placentia, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council held on the 15th day of November 2022 and was finally adopted at a regular meeting held on the 6th day of December, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM
Christian Bettenhausen, City Attorney
55 RESOLUTION NO. R-2022-80
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PLACENTIA MAKING REQUIRED FINDINGS
PERTAINING TO MODIFICATIONS TO THE UNIFORM
FIRE AND CONSTRUCTION CODES ADOPTED BY
ORDINANCE NO. O-2022-11 BASED UPON LOCAL
CLIMATIC, TOPOGRAPHIC AND GEOLOGIC
CONDITIONS IN ACCORDANCE WITH THE
REQUIREMENTS OF § 17958 OF THE CALIFORNIA
HEALTH AND SAFETY CODE
A. RECITALS
1. The State of California mandates all cities in the state impose the same requirements as are contained in the most recent edition(s) of the California Building Code, the California Fire Code, the California Green Building Standards Code, the California Residential Code, the California Plumbing Code, the California Mechanical Code, and the California Electrical Code ("Codes").
2. California Health and Safety Code § 17958.5(a) authorizes cities to make modifications or changes to the Codes which are reasonably necessary as a result of local climatic, geologic, or topographic conditions.
3. Prior to effecting any modifications or changes to the Codes, this City Council is required by the provisions of California Health and Safety Code § 17958.7 to make express findings that such changes or modifications are reasonably necessary due to local climatic, geologic, or topographic conditions.
4. The Development Services Department, through the City Administrator, has recommended changes and modifications be made to the Codes and has presented satisfactory evidence to this City Council that said changes and modifications to the Codes are reasonably necessary due to local conditions in the City and have further advised that the remainder of said changes and modifications are of an administrative or procedural nature, or are concerned with subjects not covered by the Codes or are reasonably necessary to safeguard life and property within the City.
5. The City Council desires to ensure that the changes and modifications to the Codes required for proper implementation of Ordinance No. O-2022- 11 are in effect concurrently with effective date of Ordinance No. O-2022-11.
6. All legal prerequisites to the adoption of this Resolution have occurred.
B. RESOLUTION
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
1. In all respects as set forth in the Recitals, Part A., of this Resolution.
2. Pursuant to the provisions of California Health and Safety Code §§ 17958.5(a) and 17958.7, this City Council hereby finds and determines that the changes and modifications to the Codes as set forth in Ordinance No. O-2022-11 are reasonably Resolution N. R-2022-80